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Copyright Litigation Music Copyright Infringement

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - September 2024 #2

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A woman in Texas filed a new lawsuit last Monday accusing Cleveland Browns quarterback Deshaun Watson of sexual assault and battery in 2020....more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - August 2024 #3

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The cofounders of FanDuel are stepping up their efforts to recoup lost equity from the company’s 2018 acquisition by European bookmaker Paddy Power Betfair, which later rebranded to Flutter Entertainment....more

Haug Partners LLP

Warner Chappell Music, Inc. v. Nealy: Plaintiffs Can Recover Damages for Timely Claims of Copyright Infringement Dating Back More...

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On May 9, 2024, the Supreme Court in Warner Chappell, Music Inc. v. Nealy settled a longstanding circuit split and ruled 6-3 that the Copyright Act entitles a copyright owner to recover damages for any timely claim, no matter...more

Wiley Rein LLP

Supreme Court Determines Some Copyright Owners Can Recover Damages Beyond the Statute of Limitations

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On May 9, 2024, the U.S. Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Sherman Nealy et al. (No. 22-1078), holding that copyright owners can recover damages going back more than three years based...more

Arnall Golden Gregory LLP

The Pitch - March 2024

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

Seyfarth Shaw LLP

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

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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

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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

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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

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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

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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

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

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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....

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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

BakerHostetler

AD-ttorneys@law - December 2022

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TTAB Emancipates “Queen of Christmas” from Mimi - Mariah Carey lets mark registration go unchallenged - Breakdown - Mariah Carey takes a lot of guff for...strange behavior. We won’t review the stories here; poring...more

Kaufman & Canoles

TikTok Lawsuits Target Brands, Influencers

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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

Venable LLP

Stemming the Tide: Ed Sheeran’s Copyright Victory Brings Changes to Copyright Evidentiary Burden

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A United Kingdom High Court recently ruled in favor of singer-songwriter Ed Sheeran (Sheeran) in a contentious copyright infringement case over his 2017 song, Shape of You (“Shape”). The Court granted Sheeran’s claim for...more

Spirit Legal

Musikrecht: Urheber muss bearbeitetem Foto auf Albumcover zustimmen

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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

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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

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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

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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?

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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?

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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

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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

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