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Jeffrey D. Goldman

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Jeffrey D. Goldman was a trial attorney, best known for his music litigation practice and for his involvement in two influential internet law cases -- A&M Records v. Napster and Perfect 10 v. Google. He was also part of the litigation team that represented the plaintiffs in the O.J. Simpson civil case.

Napster case

Goldman represented the recording industry in the influential[1] Napster copyright litigation.[2][3][4] One commentator, observing that "[i]t took the Recording Industry Association of America's lawsuit against Napster to completely alter internet history," quoted Goldman presaging the emergence of legal alternatives such as iTunes following Napster's shutdown.[5] The Recording Industry Association of America awarded Goldman an Honorary Gold Record for his work on the case.[6]

Reprising the Napster playbook, Goldman later represented the four major record companies -- 14 record labels in all -- in a lawsuit against ringtone website Myxer,[7][8][9] which was seen as "the mobile equivalent of ... the original Napster for music"[10] and allegedly had committed "tens of millions" of copyright violations.[11] After the court found Myxer liable for direct infringement and rejected its fair use defense,[12] the case settled and Myxer shut down shortly thereafter.[13]

Perfect 10 v. Google and Amazon cases

Goldman represented adult magazine Perfect 10 in copyright infringement lawsuits against Google and Amazon,[14][15][16] cited by The Verge as one of the six most important internet law cases of all time.[17] The cases had a "mixed result,"[18][19] but helped define the parameters under which a search engine can be held liable for the infringing conduct of its users.[20]

O.J. Simpson Civil Case

Early in his career, Goldman handled "the difficult legal research and brief writing" for the plaintiff victims in the O.J. Simpson civil wrongful death case.[21][22]

Music litigation

Los Angeles Business Journal identified Goldman as one of the nation's top music litigators.[23] He handled numerous cases that garnered media attention.

Barbie Girl case

Goldman represented MCA Records in the Barbie Girl case brought by toy company Mattel involving the interaction of trademark law with the First Amendment.[24] Mattel sought to prevent MCA from using the Barbie doll name in the hit song.[25] MCA was victorious in the case.[26][27]

Nirvana/Courtney Love case

Goldman represented Geffen Records in its disputes with Courtney Love concerning her recording agreement and the Nirvana catalog.[28] Responding to Love's claims that she was "determined to radically redefine the nature of the music recording business for the next century,"[29][30] Goldman's legal briefs dismissed Love's suit as a "meritless, inflammatory diatribe" designed to "attract media attention."[30] The court dismissed most of Love's claims before trial,[31] with the remainder of the case settling on the eve of trial.[32]

Dr. Dre/Truth Hurts Addictive case

Goldman defended Dr. Dre[33] and Aftermath Records in a $500 million lawsuit contending that Truth Hurts' hit single Addictive infringed a 20-year-old Indian song.[34][35] After many years of litigation, the court dismissed the case on summary judgment.[36]

Timbaland/Nelly Furtado Do It case

Goldman defended music producer Timbaland in the Timbaland plagiarism controversy, a $20 million copyright infringement suit alleging that the hit Nelly Furtado song Do It sampled an obscure Finnish recording.[37] Timbaland prevailed on summary judgment and the court dismissed the suit.[38][39]

Cases for Universal Music Group

In 2015, Goldman was recognized by Variety as outside counsel for Universal Music Group[40] in a trio of significant cases: a class action concerning digital royalty payments to thousands of recording artists and producers,[41] which The Hollywood Reporter called an "important chapter in the legal history of the music business"[42]; a piracy lawsuit against a distributor of mixtapes to prison inmates, which featured performances by artists like James Brown, Eminem, Marvin Gaye, and Stevie Wonder[43][44]; and a suit against an international distributor of music to multinational airlines that settled for $30 million after Goldman was said to have "navigated the complexities of international air travel to score a summary judgment ruling that when it gets to a jury next month to decide damages could be worth hundreds of millions of dollars."[45][46][47][48]

Other music cases

Other cases that drew media attention included representing Interscope Records against Time Warner concerning $50 million worth of alleged infringements of sound recording copyrights on Time Warner's Ellen DeGeneres talk show,[49] a case which settled confidentially[50]; defending Coca-Cola in a copyright infringement case arising from the company's worldwide World Cup advertising campaign featuring K'naan's song Wavin' Flag[49][51]; representing recording artist Rob Zombie in a suit against automaker Mazda for its use of his song Demonoid Phenomenon in a truck commercial[33][52]; defending Universal Music International in a lawsuit brought by Olivia Newton-John concerning royalties from the Grease soundtrack[53]; representing Alan Parsons in a suit against his former manager for advertising "knock-off" Alan Parsons Project concerts featuring his former studio musicians[54]; and defending 50 Cent in a suit for copyright infringement alleging that his #1 hit In Da Club infringed the 2 Live Crew song It's Your Birthday.[55][56][57]

Other clients

Goldman's other clients included Muhammad Ali, Eminem, Soulja Boy, Steven Van Zandt, Pearl Jam, Jack Nicholson, Marlon Brando, Robert Altman, Spike Lee, Target Corporation, and Apple Inc.[58][33][59][60][61]

Personal

Goldman's grandfather, Louis Goldman, was a preeminent entertainment lawyer[33][62][33] who represented actors such as Robert Blake, Lee Marvin, Anthony Quinn, James Coburn, Lee J. Cobb, Richard Boone, and Steve McQueen.[63]

References

  1. ^ "From Net Neutrality to Clickwrap: 10 Major Internet Law Cases Since 2000". www.ironcladapp.com. Ironclad Journal. Retrieved 31 December 2023.
  2. ^ "Top Litigators & Trial Lawyers in Los Angeles" (PDF). www.jmbm.com. Los Angeles Business Journal. Retrieved 26 January 2024.
  3. ^ Butler, Susan. "Loeb & Loeb Adds Entertainment Partners". www.billboard.com. Billboard. Retrieved 25 January 2024.
  4. ^ Frackman, Russell J.; Goldman, Jeffrey D. (2001). "Back to the Future: The Napster Decision Confirms the Applicability of Traditional Copyright Principles to the Internet" (PDF). Sedona Conference Journal. 2: 31 n.1.
  5. ^ Navarro, Marisa (2001). "Stop the Music". Cyberesq. 4 (2): 18.
  6. ^ "Top Litigators & Trial Lawyers in Los Angeles" (PDF). www.jmbm.com. Los Angeles Business Journal. Retrieved 26 January 2024.
  7. ^ Belloni, Matt (25 June 2008). "Hollywood Docket: Did the Coreys Make a 'Secret Side Deal' for Reality Show?". www.hollywoodreporter.com. Hollywood Reporter. Retrieved 31 December 2023.
  8. ^ Renault, Jean-Luc. "Music Industry Changes Its Ringtone Suits" (PDF). www.robinskaplan.com. Los Angeles Daily Journal.
  9. ^ Hyland, Alexa (22–28 March 2010). "Law: Musical Journey". Los Angeles Business Journal. 32 (12): 6.
  10. ^ Carbo, J.S. (30 November 1999). "Review: MyxerTones cuts down barriers between cellphones and content". www.rcrwireless.com. RCR Wireless News. Retrieved 25 January 2024.
  11. ^ "Studios Want Ring Tone Site Shut Down". www.courthousenews.com. Courthouse News Service. Retrieved 31 December 2023.
  12. ^ Goldman, Eric (12 August 2011). "Catching Up on 4 Months of Online Copyright Cases–Myxer, Hotfile, Megaupload, Flava Works, Zediva, Blue Nile, Perfect 10, Rojadirecta". blog.ericgoldman.org. Technology & Marketing Law Blog.
  13. ^ "Where To Get Ringtones now that Myxer is Gone?". www.techjunkie.com. Tech Junkie. 20 September 2017. Retrieved 31 December 2023.
  14. ^ "Perfect 10 v. Google, Inc". www.casetext.com. Casetext. Retrieved 31 December 2023.
  15. ^ Larson, Erik. "Porn Company Seeks Injunction In Google Copyright Case". www.law360.com. Law360. Retrieved 26 January 2024.
  16. ^ Fredenburgh, Catherine. "Google's Fair Use Of Porn Pics Crumbles In Court". www.law360.com. Law360. Retrieved 26 January 2024.
  17. ^ Stroud, Matt (19 August 2014). "These Six Lawsuits Shaped the Internet". www.theverge.com. The Verge. Retrieved 31 December 2023.
  18. ^ "Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146" (PDF). www.copyright.gov. U.S. Copyright Office.
  19. ^ Brown, Nick. "Google Gets Safe Harbor From Porn Copyright Claims". www.law360.com. Law360. Retrieved 26 January 2024.
  20. ^ Falzone, Anthony. "The Two Faces of Perfect 10 v. Google". cyberlaw.stanford.edu. Center for Internet and Society at Stanford Law School. Retrieved 31 December 2023.
  21. ^ Petrocelli, Daniel (1998). Triumph of Justice: The Final Judgment on the Simpson Saga (1st ed.). Crown Publishers. p. 44.
  22. ^ Cole, Jeffrey (Spring 1997). "Daniel M. Petrocelli: Reflections on the O.J. Simpson Case". Litigation. 23 (3): 6–13.
  23. ^ "Top Litigators & Trial Lawyers in Los Angeles" (PDF). www.jmbm.com. Los Angeles Business Journal. Retrieved 26 January 2024.
  24. ^ Tsirulnik, Giselle. "Major record labels sue Myxer for alleged copyright infringement". www.marketingdive.com. Marketing Dive. Retrieved 24 January 2024.
  25. ^ "Mattel, Inc. v. MCA Records, Inc". casetext. Retrieved 31 December 2023.
  26. ^ Hassan, Jennifer. "Remember the 'Barbie Girl' song? Mattel actually sued, but was told 'to chill.'". Washington Post.
  27. ^ "Mattel Inc v. MCA Records Inc (2002)". findlaw. Retrieved 31 December 2023.
  28. ^ Tsirulnik, Giselle. "Major record labels sue Myxer for alleged copyright infringement". www.marketingdive.com. Marketing Dive. Retrieved 24 January 2024.
  29. ^ Saraceno, Christina (2 October 2001). "Love Sues Nirvana". www.rollingstone.com. Rolling Stone. Retrieved 31 December 2023.
  30. ^ a b Philips, Chuck (28 February 2001). "Courtney Love Seeks to Rock Record Labels' Contract Policy". Los Angeles Times. Retrieved 31 December 2023.
  31. ^ Schumacher-Rasmussen, Eric. "Courtney Love Hits Speed Bump In Label Fight". www.mtv.com. MTV. Retrieved 31 December 2023.
  32. ^ D'Angelo, Joe. "Courtney Love, Universal Music Reach Settlement; Nirvana Material Freed Up for Release". www.mtv.com. MTV. Retrieved 31 December 2023.
  33. ^ a b c d e Hyland, Alexa (19 February 2008). "Entertainment Litigator Leaves Mitchell For Loeb". www.watanabellc.com. Daily Journal. Retrieved 31 December 2023.
  34. ^ "Dr. Dre, Interscope Stung With $500 Million Lawsuit Over 'Addictive'". www.mtv.com. MTV.
  35. ^ "Lahiri v. Universal Music Video Distribution, Inc". www.casetext.com. CaseText. Retrieved 31 December 2023.
  36. ^ Masnick, Mike (8 June 2010). "Court Smacks Down Copyright Lawyer For Bad Faith Pursuit Of Copyright Infringement". www.techdirt.com. TechDirt. Retrieved 31 December 2023.
  37. ^ "Did Timbaland Do It?". Wired. Wired. Retrieved 31 December 2023.
  38. ^ Lopez, Connie. "Top 75 Intellectual Property Litigators" (PDF). www.jmbm.com. Daily Journal. Retrieved 25 January 2024.
  39. ^ Ugwu, Reggie. "Timbaland and Nelly Furtado Beat $20 Million Lawsuit". www.bet.com. BET. Retrieved 31 December 2023.
  40. ^ "The Variety Legal Impact Report 2015". variety.com. Variety. 14 April 2015. Retrieved 31 December 2023.
  41. ^ "Rick James Estate's Class-Action Suit Against Universal: An Entertainment Attorney Weighs In". www.billboard.com. Billboard. Retrieved 31 December 2023.
  42. ^ Gardner, Eriq (19 March 2015). "Universal Music Settling Big Class Action Lawsuit Over Digital Royalties (Exclusive)". hollywoodreporter.com. Hollywood Reporter. Retrieved 31 December 2023.
  43. ^ Gardner, Eriq (7 January 2015). "Universal Music Files Copyright Lawsuit Over Mixtapes Sent to Prisoners (Exclusive)". www.hollywoodreporter.com. Hollywood Reporter. Retrieved 31 December 2023.
  44. ^ Blake, Matthew (9 January 2015). "Music industry titans sue prison mixtape makers, distributors". Daily Journal.
  45. ^ Gardner, Eriq. "Universal Wins Big Ruling in Copyright Lawsuit Over In-Flight Music". billboard.com. Billboard.
  46. ^ Gardner, Eriq. "Legal Roundup: Global Eagle Agrees to Massive UMG Payout; Kesha Drops Abuse From Case in NY". www.billboard.com. Billboard. Retrieved 31 December 2023.
  47. ^ Reynolds, Matthew. "Record Labels Win One in Inflight Copyright Battle". www.courthousenews.com. Courthouse News Service. Retrieved 31 December 2023.
  48. ^ Maxwell, Andy. "Universal Music Settles In-Flight Music Lawsuit for $30m+". www.torrentfreak.com. TorrentFreak. Retrieved 31 December 2023.
  49. ^ a b Richardson, Eb. "Intellectual Property 2011" (PDF). www.jmbm.com. Retrieved 31 December 2023.
  50. ^ Jeffrey, Don (30 September 2010). "Vivendi, Time Warner End 'Ellen' Music Copyright Suit". Bloomberg.
  51. ^ {{cite web |last1=Filip |first1=Julia |title=Coca-Cola Dismisses Suit Over World Cup Promo |url=https://www.courthousenews.com/coca-cola-dismisses-suit-over-world-cup-promo/ |website=www.courthousenews.com |publisher=Courthouse News Service |access-date=31 December 2023
  52. ^ D'Angelo, Joe. "Rob Zombie's Zoom-Zoom Lawsuit Goes Bye-Bye". www.mtv.com. MTV. Retrieved 31 December 2023.
  53. ^ "Olivia Newton-John Reaches Conditional Settlement Over 'Grease' Royalties". The San Diego Union-Tribune. 4 December 2007. Retrieved 31 December 2023.
  54. ^ Albarazi, Hannah. "Alan Parsons Says Ex-Promoter Used His Name For 'Knockoff'". www.law360.com. Law360. Retrieved 25 January 2024.
  55. ^ "50 Cent Sued For Copycatting". www.cbsnews.com. CBS News. 21 January 2006. Retrieved 31 December 2023.
  56. ^ "Lil' Joe Wein Music, Inc. v. Jackson". www.casetext.com. Casetext.
  57. ^ "Copyright Suit Dismissed Against 50 Cent". www.billboard.com. Billboard. Retrieved 24 January 2024.
  58. ^ "Top Litigators & Trial Lawyers in Los Angeles" (PDF). www.jmbm.com. Los Angeles Business Journal. Retrieved 26 January 2024.
  59. ^ Butler, Susan. "Loeb & Loeb Adds Entertainment Partners". www.billboard.com. Billboard. Retrieved 25 January 2024.
  60. ^ "Jeffrey D. Goldman". www.jmbm.com. JMBM. Retrieved 26 January 2024.
  61. ^ "Jeffrey D. Goldman". www.law360.com. Law360. Retrieved 26 January 2024.
  62. ^ Phillips, Erica E. "Intellectual Property 2012" (PDF). Los Angeles and San Francisco Daily Journal. Retrieved 31 December 2023.
  63. ^ "Late Late Show with Tom Snyder - Robert Blake clip". YouTube. www.youtube.com. Retrieved 31 December 2023.
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