Music

News & Analysis as of

Privacy Tip #63 – NYC Concertgoers—You May Need to Check Your Bank Records

Madison Square Garden has announced that it has suffered a year-long data breach of debit and credit cards used at concession stands at Madison Square Garden, the Theater at Madison Square Garden, Radio City Music Hall, ...more

Johnson v. UMG Recordings, Inc. - USCA, Seventh Circuit, October 31, 2016

Seventh Circuit holds musician Syl Johnson cannot bring copyright infringement claims based on alleged sampling of his 1967 song “Different Strokes” after settling similar action in 2015 and failing to reopen original...more

DJ Mark Ronson and Bruno Mars Get “Funked” With New Copyright Suit Over “Uptown Funk”

On Friday, October 28, 2016, musicians Mark Ronson and Bruno Mars were hit with a copyright infringement suit based on their wildly popular hit “Uptown Funk.” The plaintiffs, consisting of one living member and the estates...more

Absent Nexus, Radio Station Play and Intermediaries Are Insufficient to Prove Access **WEB ONLY**

Addressing the standard for proving “access” to a copyrighted work, the US Court of Appeals for the Ninth Circuit affirmed the district court’s grant of summary judgment due to a lack of admissible evidence showing sufficient...more

“I’m With the Band”: Boston Guitarist Can Call Himself “Former Original Member” Without Infringing Trademark

Last week, a federal jury in Boston found that Barry Goudreau, a guitarist who played in an early incarnation of the rock band Boston, did not infringe trademark rights in the band’s name by allowing himself to be identified...more

EMI Christian Music Group, Inc. v. MP3tunes, LLC - USCA, Second Circuit, October 25, 2016

Following $48 million jury verdict in music companies’ long-running copyright action against online service MP3tunes, Second Circuit vacates district court’s pretrial ruling that MP3tunes was eligible for DMCA safe harbor...more

Iron Man Composer Battles Tech Giant Sony and Ghostface Killah

The US Court of Appeals for the Second Circuit ruled in favor of the composer of the 1960s Iron Man theme song, finding material facts in dispute as to whether the song was commissioned as a work for hire. Jack Urbont v. Sony...more

Music Played by Karaoke Machine Is Not “Tangible Good” for Purpose of Trademark Infringement **WEB ONLY**

Addressing the “tangible good” requirement of trademark infringement, the US Court of Appeals for the Seventh Circuit upheld the district court’s decision to dismiss a case because defendants’ playing of unauthorized copies...more

Supreme Court Rejects Effort By Redskins to Join Slants

The Supreme Court rejected the effort by the Washington Redskins to skip the 4th Circuit and Join the hearing of the USPTO appeal of the SLANTS case....more

Brandmarking - Volume 5, Number 2 - October 2016

Supreme Court Review of “Disparagement” Trademark Case May – or May Not – Implicate First Amendment, Impact Washington Redskins Case - The U.S. Supreme Court yesterday agreed to hear one of two high-profile cases that...more

Supreme Court Grants Cert. in USPTO Appeal of Slants Decision: Whether The Ban On Offensive Trademarks Violates The First...

The Supreme Court granted the United States Patent and Trademark Office’s petition for certiorari in In re Tam, 117 USPQ2d 1101 (Fed. Cir. 2016). In that case, the USPTO denied registration of an application to register the...more

3D Printing: What it Means To Manufacturers Who Want To Sell Replacement Parts in a Digital Ecosystem

Among the next generation of 3D printing patents that will soon expire are key patents for metal-based printing processes. The patents’ expiration will almost certainly result in significant price reductions for 3D printers...more

Pay Now or Pay Later – Challenges Facing Spotify, Tidal, and Other Media Streaming Services Following a Series of Copyright...

Spotify USA Inc. (“Spotify”), the popular music streaming service with over 100 million active users and 30 million paying subscribers, continues to grow as an industry leader. Spotify launched in 2006 and reached over 20...more

Loomis v. Cornish - USCA, Ninth Circuit, September 2, 2016

Ninth Circuit affirms ruling in favor of Jessie J in a copyright dispute, finding plaintiff Will Loomis failed to establish the recording artist or songwriters of the hit song “Domino” had requisite access to his song “Bright...more

Led Zeppelin Prevails in Copyright Infringement Case: Now on Appeal in Ninth Circuit

In May 2014, the Trust acting on behalf of the estate of Randy Wolfe (a/k/a Randy California) of the rock group Spirit filed a copyright infringement suit against Led Zeppelin related to the first chords in the band’s most...more

Music and the Blockchain

The promise of blockchain technology for the music industry is its ability to solve the problem of “shared facts” and to provide transparency in real time or near-real time. Advancing digital technology has created new...more

Bowen v. Paisley - USDC, M.D. Tennessee, August 25, 2016

District court grants summary judgment dismissing copyright infringement suit against country music stars Brad Paisley and Carrie Underwood, and others involved in producing the 2011 hit song “Remind Me,” holding that it was...more

All That Glitters is Not Gold For Led Zeppelin’s Claim For Attorneys’ Fees

Legendary rockers Jimmy Page and Robert Plant are probably still flying high over their defense verdict earlier this summer in the “Stairway to Heaven” copyright infringement trial. They may be slightly coming down, though,...more

Ed Sheeran Gears up to “Get it On” in Another Copyright Lawsuit

English pop musician Ed Sheeran once again finds himself in the crosshairs of a high-profile copyright infringement lawsuit, this time in the Southern District of New York over alleged similarities between his smash hit...more

Second Circuit Revives Copyright Claims Against Sony and Ghostface Killah

In Urbont v. Sony Music Entertainment Inc., 15-1778, the Second Circuit recently revived claims against Sony and Ghostface Killah, holding that although third parties may raise a work for hire defense, here there were factual...more

European Court of Justice Strengthens Rights of Authors, Performers and Phonogram Producers

A new judgement issued by the Court of Justice of the European Union (CJEU) requires a business offering television or radio programs in its facilities to pay license fees to national collecting societies if the programming...more

Political campaigns face copyright and robocall liabilities

Though it seems to come as a surprise to many of them, politicians — even presidential candidates — have to live with the same intellectual property and communications laws that bedevil the rest of us....more

Medina v. Dash Films Inc. - USDC, S.D. New York, July 14, 2016

District court dismisses trademark infringement action against Kanye West and others, finding that defendants’ film series title “Loisaidas” is protected by First Amendment because it has artistic relevance, title is not...more

Florida Jury Finds Former Pinochet Lieutenant Living in Deltona Liable for Murder and Torture of Chilean Folksinger, Víctor Jara

Forty three long and painful years have passed since Víctor Jara, the famous Chilean folk singer whom Rolling Stone Magazine called one of the top 15 protest artists of all time, was found dead covered with dozens of bullet...more

All That Glitters Is Not Copyright Infringement

It’s been widely reported in the news and on this blog—a jury in a Federal copyright infringement case has reached a verdict favoring legendary rock band Led Zeppelin, finding that it did not plagiarize the iconic guitar riff...more

185 Results
|
View per page
Page: of 8
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×