Music Industry

News & Analysis as of

Santa Claus Will Leave The Building In 2016 — Author’s Heirs Prevail Over EMI

In Baldwin, et al. v. EMI Feist Catalog, Inc., the Second Circuit Court of Appeals was tasked with determining when and how the rights to the song “Santa Claus is Comin’ to Town” (the “Song”) would properly terminate. The...more

Big Pimpin' gets big win in copyright case

Greenberg Glusker partner Glen Rothstein was quoted in “Big Pimpin' gets big win in copyright case” (Daily Journal, October 22, 2015). In the closely watched Fahmy v. Jay Z., complex issues of international copyright,...more

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

The Board Lends a Blow to Celebrities

The celebrity known as from the musical group the Black Eyed Peas sought to register three marks for “I AM” in connection with cosmetics, cell phones, artificial eyelashes, sunglasses, and brass wrist cuff...more

Facebook’s “Copyright” Post - The Sound and the Fury

Users of Facebook no doubt have seen at least some of their friends post the “copyright” update. In brief, the post states “I hereby declare that my copyright is attached to all of my personal details,” including photos,...more

Judge Halts Pornographer’s Subpoenas Against Potential Infringers Identified Through IP Addresses

Online content providers continue to struggle with the challenge of copyright infringement by BitTorrent users. One of the most aggressive tacks is the one taken by Malibu Media, which, after instituting over 4,500 lawsuits...more

Unhappy Birthday

About a month ago, the United States District Court for the Central District of California issued a summary judgment ruling putting a nail in the coffin of one of the most tragically comical copyright claims of all time. ...more

“If You Were Justin Bieber’s Lawyer, What Would You Be Doing Today?”

Greenberg Glusker partner Bonnie Eskenazi was quoted in the American Lawyer Litigation Daily article, “If You Were Justin Bieber’s Lawyer, What Would You Be Doing Today?” on October 12, 2015 (subscription required)....more

Happy Birthday to All

On September 22, 2015, a California district court issued an opinion that may change birthday celebrations forever. In Rupa Marya v. Warner/Chappell Music, Inc., the court held that Warner/Chappell Music, Inc. does not own a...more

Summary of Recent Precedential Trademark Trial and Appeal Board Decisions

From June through August 2015, the Trademark Trial & Appeal Board issued eleven precedential decisions.  Over the course of the upcoming weeks, we are briefly summarizing each opinion and a “take away” for brand owners and...more

Life is Beautiful! Stevie Wonder Concert Not a Burden on Religious Exercise

A federal court in Nevada recently dismissed a church’s claim that a music festival in “Sin City” Las Vegas featuring the likes of Stevie Wonder, Duran Duran, and Twenty One Pilots burdened its religious exercise....more

Intellectual Property: Happy Birthday to You (10/15)

If you have ever been to a Chili’s restaurant, odds are you have heard this birthday jingle. Perhaps you have also heard different birthday greetings at other chain restaurants. More likely than not, you have not heard any...more

Music Publisher Caught in Birthday Suit

In 2013, Good Morning to You Productions Corp., Rupa Marya and Robert Siegel (collectively “GMTY”) filed a class action suit against Warner/Chappell Music, Inc., one of the largest music publishing companies in the world and...more

Ninth Circuit Clarifies Copyright Holder’s Responsibility When Sending A Takedown Notice Under The DMCA

In July, this author wrote about Lenz v. Universal which, at the time, was pending before the 9th Circuit. On September 14, 2015 the 9th Circuit came down with a ruling which answered whether a copyright owner must consider...more

The Case of Prince, a Dancing Baby and the DMCA Takedown Notice

In 2007, Stephanie Lenz posted a 29-second video to YouTube of her baby dancing in the kitchen with Prince’s “Let’s Go Crazy” playing in the background. Claiming use of their song amounted to copyright infringement, Universal...more

California Court Rules No Copyright Protection for “Happy Birthday to You”

This week, in Rupa Marya, et al. v. Warner/Chappel Music, Inc., et al., No. CV 13-4460-GHK (C.D. Cal. Sept. 22, 2015), U.S. District Judge George H. King ruled that defendant Warner/Chappel Music has no enforceable copyright...more

Aretha Franklin Is Looking For A Little Respect From Telluride And Toronto Film Festivals

On September 4, 2015, a long running legal battle over the right to use footage from a 1972 concert by Aretha Franklin took a twist right out of a Hollywood movie when the Queen of Soul sought, and was granted, a temporary...more

Ninth Circuit: Copyright Holders Must Consider Fair Use Before Sending DMCA Takedown Notices

The Ninth Circuit held last week in Lenz v. Universal Music Corp. (the “dancing baby” case) that a copyright holder must consider fair use before sending a takedown notice under the Digital Millennium Copyright Act (DMCA)....more

LET’S GO CRAZY: 9th Circuit Says DMCA Takedowns Are Subject to Fair Use Test

Last Monday, the influential Ninth Circuit Federal Court of Appeals, in the case of Lenz v. Universal Music Corp., ruled in the so-called “Dancing Baby” case, by stating that copyright owners who claim that their content has...more

9th Circuit Confirms Duties for Posting DMCA Takedown Complaints

As Canada begins to settle in with the new “notice and notice” provisions under the Copyright Act (Canada) which came into force January 2, 2015, copyright owners in Canada still need to address infringing content posted on...more

Baby vs. Prince – “Let’s Go Crazy”: Fair Use And the Digital Millennium Copyright Act

In view of the Ninth Circuit Court of  Appeals decision in Lenz    v. Universal Music Corp., Case Nos. 13-16106 and 13-16107 (Sept. 14, 2015), copyright owners need to be careful before sending Internet takedown notices for...more

Online Piracy: 9th Circuit Cautions Copyright Holders re DMCA Takedown Notices

A mother who uploaded a 29 second video to YouTube probably never dreamed she'd wind up with over a million views and a lawsuit by a major music publisher that went to the Ninth Circuit court of appeal. Stephanie Lenz...more

Original Policeman in the Village People Get His Copyrights Back, and $500,000 in Attorneys’ Fees

On September 15, 2015, the Southern District of California awarded over $500,000 in attorney’s fees to a songwriter who successfully prevailed on his right to terminate grants of copyright under 17 U.S.C. § 203 because...more

Dancing Baby Says Play Fair: Copyright Holders Must Consider Fair Use Before Sending a DMCA Takedown Notice

With the exponential growth of internet commerce, business owners are increasingly receiving "takedown" notices under the Digital Millennium Copyright Act (DMCA), involving copyrighted works allegedly improperly used on their...more

Ninth Circuit Says Think Twice Before Sending That Takedown Notice Under DMCA: Be Sure You Have a Good Faith Belief It’s Not Fair...

The Digital Millennium Copyright Act (DMCA) requires copyright holders to consider fair use before sending a takedown notification, according to the U.S. Court of Appeals for the Ninth Circuit in Lenz v. Universal Music...more

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