News & Analysis as of

Music Industry

Can Congress Do Something Right? The Music Modernization Act And Why It Matters

by Fox Rothschild LLP on

The House of Representatives unanimously passed the Music Modernization Act last week by a vote of 415-0! Imagine our divided Congress passing anything with no opposition. This is actually not uncommon with music industry...more

USPTO Doesnt Believe Anyone Will Celebrate Drai Day

by Barley Snyder on

Pennsylvania gynecologist and obstetrician Dr. Draion M. Burch – who often goes by the moniker “Dr. Drai” in marketing his practice – doesn’t produce hit hip-hop records. ...more

The Music Modernization Act: Congress Poised to Pass Legislation Updating Music Copyright Royalties for the Digital Age

by Orrick - IP Landscape on

On April 25, 2018, the House of Representatives unanimously passed H. R. 5447, otherwise known as the “Music Modernization Act” (MMA). The bill, which now awaits Senate action, amends the Copyright Act in multiple ways, most...more

What Will Happen To The New Prince Songs

There is a battle brewing over songs by Minnesota’s own Prince. I, for one, am anxious for the dispute to be resolved so we can enjoy these recordings. Who knows, there may be another worldwide hit “Purple Rain” out there....more

House Unanimously Passes Music Modernization Act – Paves the Way for Major Updates to Digital Music Royalty Ecosystem

by Bracewell LLP on

A major upgrade for music copyright and licensing laws is one step closer to reality with the U.S. House of Representative's unanimous passage of HR 5447, dubbed the Music Modernization Act ("MMA"), which is aimed at...more

Moving Past Player Pianos?

by Dorsey & Whitney LLP on

As we promised in our prior post, we have an update on the “Music Modernization Act” (MMA) that promises to advance copyright law governing digital transmissions of sound recordings into the 21st Century. In a rare act of...more

Mariah Carey Won’t Let Bipolar Diagnosis “Define” or “Control” Her

by FordHarrison on

Mariah Carey, known as an iconic singer-songwriter and a dramatic diva, disclosed to People magazine last week that she has bipolar disorder. Although she was first diagnosed in 2001, Carey says she finally sought treatment...more

Soul’d Out Festival Challenges Coachella’s Demand for Noncompete Clause Despite Sold Out Shows

On April 9, 2018, the producer of  the Soul’d Out music festival in Portland, Oregon, sued the owners and producers of the Coachella music festival in California for what it alleges are anticompetitive contract terms that...more

Does Coachella Violate Antitrust Laws?

by Robins Kaplan LLP on

Coachella Valley Music and Arts Festival owner Anschutz Entertainment Group Inc. (“AEG”) and its subsidiaries and affiliates were hit with a lawsuit for allegedly using anticompetitive practices such as prohibiting artists...more

Jones Day Talks Intellectual Property: Blurrier Lines and Narrow Grounds—Implications of the Ninth Circuit’s Blurred Lines...

by Jones Day on

When does inspiration turn into copyright infringement? The line is getting blurrier. Jones Day’s Meredith Wilkes, Anna Raimer, and Aryane Garansi explain how the Ninth Circuit’s decision—on “narrow grounds”—in the Blurred...more

Intellectual Property Bulletin - Spring 2018

by Fenwick & West LLP on

Bitcoin is often portrayed as an untraceable method of payment that facilitates illicit activities by enabling criminals to make and receive payments without being tracked. This depiction implies that users transacting in...more

Tyler the Creator Sued for Copyright Infringement

by Robins Kaplan LLP on

Rapper Tyler, the Creator (“Tyler”), is facing a lawsuit for copyright infringement, which alleges he illegally sampled a 1971 soul song, “Why Can’t There Be Love,” in his 2015 hit, “Deathcamp.” ...more

Blurred Lines Between Inspiration and Infringement: Ninth Circuit Holds "Blurred Lines" Infringes Copyright

by Jones Day on

The Decision: The Ninth Circuit upheld the district court decision finding Pharrell Williams and Robin Thicke's song "Blurred Lines" infringed the copyright in Marvin Gaye's song "Got To Give It Up." The Reasoning: Based...more

Blurred Lines: You Could Decide The Next Big Music Copyright Case!

by Cole Schotz on

In 2015, a California jury decided that the mega-hit “Blurred Lines” by Pharrell Williams, Robin Thicke, and Clifford Harris (a/k/a “T.I.”) infringed the copyright in Marvin Gaye’s song, “Got To Give It Up.” The jury awarded...more

Hall v. Swift: Nothing Original About a Player Hater

by Weintraub Tobin on

“Cause the players gonna play, play, play, play, play, And the haters gonna hate, hate, hate, hate, hate Baby I’m just gonna shake, shake, shake, shake, shake Shake it off / Shake it off...more

Will Copyright Rules for Player Pianos Continue to Govern Digital Music Delivery?

by Dorsey & Whitney LLP on

Last month in our Olympics edition, we provided a glimpse into the arcane world of licensing of musical works under the U.S. Copyright system. It’s actually crazier still. ...more

Ozzy Osbourne is an Antitrust Plaintiff

by Kelley Drye & Warren LLP on

Ozzy Osbourne has filed an antitrust suit against against AEG, the operator of the O2 Arena in London and operator of the Staples Center in LA, among others. Ozzy is alleging that AEG is illegally requiring artists perform...more

Mo’ Money, Mo’ Administration

by Field Law on

March 9th marked the 21st anniversary of the death of Christopher Wallace, or probably better known to you as legendary rap artist Notorious BIG or Biggie. Wallace died at the age of 24 after being shot in Los Angeles. The...more

Helping the New Home for Hip Hop

by Proskauer For Good on

Our client, The Universal Hip Hop Museum, which started two years ago as a “virtual” museum, will break ground in 2019 on a new 60,000 square foot facility in the birthplace of hip hop. The museum will open to the public in...more

“Blurred Lines” Infringes Gaye’s “Got to Give it Up”, Ninth Circuit Holds

by Genova Burns LLC on

Yesterday, a divided panel of the Ninth Circuit Court of Appeals largely affirmed a trial court judgment finding that Pharrell Williams, Clifford Harris and Robin Thicke’s 2013 hit single “Blurred Lines” infringed upon the...more

Did The 9th Circuit “Blur the Lines” in its Latest Music Copyright Case?

by Dorsey & Whitney LLP on

As we entered the first full day of the equinox yesterday, a split panel of the Ninth Circuit Court of Appeals handed the heirs of Marvin Gaye a decisive victory that will no doubt leave them with a spring in their steps. The...more

Musical Artists Having A “Party and Bulls***” After Copyright Infringement Suit Dismissed

by Dorsey & Whitney LLP on

Several musical artists, producers, publishers and songwriters, including the estate of the Notorious B.I.G and Rita Ora, are celebrating after a U.S. District judge for the Southern District of New York dismissed a copyright...more

Did She Or Didn’t She?

This is the question a court in the Southern District of New York will be dealing with in a recent lawsuit filed against Destiny Hope, a/k/a Miley Cyrus and others. Does Miley’s chart topping 2013 hit song “We Can’t Stop”...more

Katy Perry Kissed a Boy on American Idol and He Didn’t Like It: #MeToo Works Both Ways

by FordHarrison on

In a move as tone-deaf as some of the singers vying to compete on American Idol, pop princess Katy Perry cajoled a kiss from 19-year-old contestant Benjamin Glaze without his permission. Perry, who serves as one of the three...more

Notorious B.I.G Estate Evades Copyright Lawsuit

by Robins Kaplan LLP on

The estate of Christopher Wallace, better known as The Notorious B.I.G. or Biggie Smalls, reigned supreme last week in the Southern District of New York after U.S. District Judge Alison J. Nathan dismissed a copyright suit...more

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