By Robert Goldrich
In its coverage of the music scene, SHOOT has over the years run several pieces relating to the role of musicologists, particularly during these litigious times when it comes to cases of musical copyright infringement in the ad arena. Indeed, musicologists have attained greater prominence in our biz, perhaps best underscored in a breakthrough panel discussion some two-plus years ago hosted by the Association of Music Producers (AMP). The New York session was designed in part to raise awareness of the copyright infringement issue–and the potential pitfalls of temp tracks–among ad agency artisans (SHOOT, 10/4/02 and 11/29/02, p. 1). Sadly, last month, the industry lost one of the world’s leading musicologists, Irwin Coster, who passed away on January 11 of complications following a heart attack he had suffered in September. He was known not only for providing music clearances for TV commercials, but also for being one of the most respected expert witnesses in matters of musical copyright infringement. Perhaps the most influential case that Coster worked on was the John Lee Hooker suit against ZZ Top, which went to the Supreme Court and resulted in a landmark decision concerning the extension of musical copyright to phonograph recordings. In a lighter vein, there was the 1969 bragging-rights controversy, which surfaced over UCLA’s use of the University of California at Berkeley fight song, “Big C.” In the UCLA/Cal lawsuit, it was Coster’s discovery that the song had never been copyrighted and thus was in the public domain, which allowed “Big C” to be recycled by UCLA as “Sons of Westwood.” A 1932 graduate of Hollywood High, Coster was a cellist and ran the music library at Republic Studios and later at Revue Productions, Hollywood. While at Republic, he worked with Aaron Copeland on “The Red Pony.” Drafted into the army, he served bravely during World War II, primarily in Italy. While there, he collected sheet music and folk songs whenever possible. He was also assigned as the leader of an army band and served as its conductor. After the war, Coster returned to his job at Republic and then later went to work for Revue, which ultimately became part of Universal Studios. There he became a force in the Hollywood film studio scene by running the music library department and handling most of the music clearances for Universal for 20 years. These were the days of Jaws and The Sting. Not only did Coster handle the film music work, but he also composed and did arrangements for hundreds of source cues for most of the TV shows that were done at Universal during that time. Coster’s deep enthusiasm for the craft of music as well as his desire to systematize the manner in which music was stored led him to create many filing systems and databases for Universal and others that are still in place today. He was also active in maintaining copies of musical stores and lead sheets that were quickly going out of print. Elizabeth Myers, AMP West Coast chapter president, and partner in Trivers/Myers Music, Manhattan Beach, Calif., recalled, “As the years go on, I become more and more impressed with long-time musicians who still maintain a deep love for their work. Irwin Coster would rank at the top of my list, for he not only passionately loved everything about music, but also encouraged good work whenever he heard it–Most of all, we will miss the musical insights and the laughs we shared together because of this kind, talented, gentle soul.” Coster is survived by his daughter Trinka and his son Wayne.
Google Opens Its Defense In Antitrust Case Alleging Monopoly Over Online Ad Technology
Google opened its defense against allegations that it holds an illegal monopoly on online advertising technology Friday with witness testimony saying the industry is vastly more complex and competitive than portrayed by the federal government.
"The industry has been exceptionally fluid over the last 18 years," said Scott Sheffer, a vice president for global partnerships at Google, the company's first witness at its antitrust trial in federal court in Alexandria.
The Justice Department and a coalition of states contend that Google built and maintained an illegal monopoly over the technology that facilitates the buying and selling of online ads seen by consumers.
Google counters that the government's case improperly focuses on a narrow type of online ads — essentially the rectangular ones that appear on the top and on the right-hand side of a webpage. In its opening statement, Google's lawyers said the Supreme Court has warned judges against taking action when dealing with rapidly emerging technology like what Sheffer described because of the risk of error or unintended consequences.
Google says defining the market so narrowly ignores the competition it faces from social media companies, Amazon, streaming TV providers and others who offer advertisers the means to reach online consumers.
Justice Department lawyers called witnesses to testify for two weeks before resting their case Friday afternoon, detailing the ways that automated ad exchanges conduct auctions in a matter of milliseconds to determine which ads are placed in front of which consumers and how much they cost.
The department contends the auctions are finessed in subtle ways that benefit Google to the exclusion of would-be competitors and in ways that prevent... Read More