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Copyright Litigation Music Industry Music

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2024

Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...more

Seyfarth Shaw LLP

Skeptical of the Second Circuit: U.S. Supreme Court Hears Arguments on Copyright Damages

Seyfarth Shaw LLP on

On Wednesday, the Supreme Court heard oral argument in Warner Chappell Music, Inc. v. Nealy, an appeal of the Eleventh Circuit’s determination that a copyright plaintiff can recover damages for infringement occurring more...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Time's Up: Supreme Court to Grapple with Damages Dilemma in Warner Chappell Music v. Nealy

On February 21, 2024, the Supreme Court of the United States heard oral arguments in Warner Chappell Music, Inc. et al. v. Nealy et al. The case involves whether plaintiff music producer Sherman Nealy may recover damages for...more

Weintraub Tobin

(Podcast) The Briefing: Merry Litigation – All I Want for Christmas is a Copyright Infringement Lawsuit

Weintraub Tobin on

Country singer Andy Stone, A.K.A Vince Vance, has renewed his lawsuit against Mariah Carey, which claims that her holiday hit ‘All I Want for Christmas Is You’ infringes the copyright of his song with the same name. Scott...more

Weintraub Tobin

The Briefing: Merry Litigation – All I Want for Christmas is a Copyright Infringement Lawsuit

Weintraub Tobin on

Country singer Andy Stone, A.K.A Vince Vance, has renewed his lawsuit against Mariah Carey, which claims that her holiday hit ‘All I Want for Christmas Is You’ infringes the copyright of his song with the same name. Scott...more

Womble Bond Dickinson

Brands & Influencers Beware! Popular Songs on Social Media at the Heart of Copyright Infringement Lawsuit

Womble Bond Dickinson on

Anyone who has ever browsed Instagram® or TikTok® (or any parent with phone-addicted kids) realizes that music is an integral part of short-form video social media. Content creators record a few minutes or even a few seconds...more

Dorsey & Whitney LLP

Whose Song Is It Anyway? Questions about Samples in Flo Rida and will.i.am’s Hit “In the Ayer” Soar to the Supreme Court

Dorsey & Whitney LLP on

On September 29, 2023, the Supreme Court granted certiorari in Warner Chappell Music, Inc. v. Nealy, a case that should resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more

Hodgson Russ LLP

Music Copyrights on a Roll – Read and Listen to Hear the Latest

Hodgson Russ LLP on

In May 2023, news of Ed Sheeran’s copyright victory over his hit song “Thinking Out Loud” spread like wildfire. There, the plaintiffs alleged that Sheeran’s “Thinking Out Loud” had “striking similarities” to Marvin Gaye’s...more

International Lawyers Network

European Court of Justice: Judgment in Joined Cases C‑775/21 and C‑826/21

Broadcasting of background music – Equitable remuneration – Mere provision of physical facilities – Sound equipment on board trains and aircraft – Presumption of communication to the public as a result of possession of...more

Katten Muchin Rosenman LLP

And the Winner Is… Human AI-Generated Music Ineligible for Grammys - Katten Kattwalk | Issue 25

The Recording Academy has set the record straight about the eligibility of music developed by artificial intelligence for the Grammy Awards. “A work that contains no human authorship is not eligible in any Categories,” the...more

DarrowEverett LLP

Ed Sheeran’s Court Victory Adds Important Layer to Copyright Law

DarrowEverett LLP on

After almost five years of litigation, British singer-songwriter Ed Sheeran pulled out all the stops (and his guitar) to obtain victory over claims his 2014 song “Thinking Out Loud” infringed on the copyrights held by the...more

Irwin IP LLP

Infringers Beware: Copyright Damages Not Limited to Three Years - Nealy v. Warner Chappell Music, Inc., No. 21-13232 (11th Cir....

Irwin IP LLP on

The Eleventh Circuit joins the Ninth Circuit where, despite a claim of copyright infringement having a three-year statute of limitation, a plaintiff can recover damages more than three years prior to the suit.  Recently, the...more

Kaufman & Canoles

Post Malone Stops Running in “Circles”

Kaufman & Canoles on

Post Malone (real name Austin Post) has settled with Tyler Armes, a professional musician who had accused Malone of failing to credit him on his hit 2019 song “Circles.”...more

Arnall Golden Gregory LLP

The Pitch - March 2023

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Kaufman & Canoles

TikTok Lawsuits Target Brands, Influencers

Kaufman & Canoles on

The music industry has begun cracking down on brand owners’ and influencers’ unlicensed use of songs in social media posts through the filing of several lawsuits over the past few months. The lawsuits have largely targeted...more

White & Case LLP

Website terms of service – enforceable or preempted?

White & Case LLP on

There is a deepening circuit split on whether the US Copyright Act preempts contract claims arising from terms of service. A recent petition to the US Supreme Court by a song lyrics website highlights this, with potentially...more

Spirit Legal

Musikrecht: Urheber muss bearbeitetem Foto auf Albumcover zustimmen

Spirit Legal on

Die Verwendung fremder Fotografien kann urheberrechtlich problematisch sein. Das gilt auch, wenn fremde Bilder bearbeitet werden. Doch wann genau benötigt man die Erlaubnis des Urhebers für eine Bearbeitung und wann nicht?...more

McDermott Will & Emery

So You Wanna Play with Copyright? “Joyful Noise” Ostinato Isn’t Original Expression

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed a district court’s order vacating a jury award of damages for copyright infringement and granting judgment as a matter of law, explaining that the musical work alleged to...more

Fenwick & West LLP

Katy Perry’s “Dark Horse” Comes Out in Front: Ninth Circuit Affirms No Infringement in Copyright Lawsuit

Fenwick & West LLP on

Songs often share components that sound similar to one another, which frequently raises the question of whether copyright infringement has occurred. On March 10, 2022, the U.S. Court of Appeals for the Ninth Circuit held—in a...more

Dorsey & Whitney LLP

“All the Way Up” to the Second Circuit

Dorsey & Whitney LLP on

Fly Havana and Fat Joe are heading “All the Way Up” to the Second Circuit for “Another Round.” Earlier this month Fly Havana appealed New York District Court Judge Naomi Reice Buchwald’s conclusion that Fly Havana had...more

Dorsey & Whitney LLP

“Dark Horse” Copyright Claim Against Katy Perry - Hoofing it on a Stairway to Heaven?

Dorsey & Whitney LLP on

We previously reported on the Marcus Gray, et al. (“Gray”) v. Katheryn Hudson, et al. (“Perry”) case on August 2nd and August 15th of 2019. When we initially reported the details of this case, Gray was awarded damages to...more

Dorsey & Whitney LLP

Roblox/NMPA Settlement - A Roadmap for New Partnerships between Music and Gaming Industries?

Dorsey & Whitney LLP on

On September 27, 2021, the National Music Publishers’ Association (“NMPA”) issued a press release stating that it had settled its claims against video game company Roblox, bringing an end to the copyright infringement case...more

Fenwick & West LLP

Nicki Minaj Safeguards the Right for Artists to Experiment with Unlicensed Work

Fenwick & West LLP on

On September 16, 2020, California federal judge Virginia A. Phillips ruled that Nicki Minaj’s use of Tracy Chapman’s copyrighted work in the creation of Minaj’s song “Sorry” was fair use. “Sorry” interpolated Chapman’s...more

Davis Wright Tremaine LLP

9th Circuit En Banc Ruling in Favor of Led Zeppelin in the "Stairway to Heaven" Case Immediately Impacts Copyright Cases

You've heard it, you likely love it, and it's probably the first melody that you ever tried to learn on the guitar to impress your friends. "Stairway to Heaven" has been called the greatest rock song of all time by music...more

McDermott Will & Emery

“Can’t Hold Us” Liable: Macklemore & Ryan Lewis Win Affirmance in Copyright Suit

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit affirmed a grant of summary judgment on the issue of copyright infringement and an award of attorneys’ fees against the plaintiff under the Copyright Act. Although the Court noted...more

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Updated: Dec 28, 2021:

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Privacy Officer
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