News & Analysis as of

Sound Recording Copyrights Copyright

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

Foley Hoag LLP - Making Your Mark

Name That Artist: How AI Music is Shaping the Right of Publicity

Every industry today is abuzz with the possibilities of artificial intelligence, and music is no exception. In the year since the AI-generated hit “Heart on My Sleeve,” courts have started to tackle AI issues in the arts...more

Felicello Law PC

Is NO FAKESi the Answer to Avoid Fake Out?ii

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The impersonation of celebrity voices is nothing new. Almost 40 years ago, Bette Midler successfully sued Ford Motor Company when it used an impersonation of her voice in a car commercial. Singer Tom Waits also won a similar...more

Dorsey & Whitney LLP

I Don’t Get You, Babe - The Curious Copyright Case of Sonny & Cher & Mary

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The 1970s were the heyday of the now-extinct television genre known as the variety show: a weekly extravaganza headlined by a well-known entertainer, generally accompanied by a supporting cast of singers, dancers and...more

McDermott Will & Emery

Second Circuit Tells Rapper to Face the Music for Failing to Register the Work

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The US Court of Appeals for the Second Circuit affirmed the dismissal of a copyright infringement claim by one rap artist against another on the grounds that the plaintiff failed to register the work in question. The Court...more

McDermott Will & Emery

Rock On: Clichéd Song Themes Don’t Infringe Copyright

The US Court of Appeals for the Fifth Circuit affirmed a district court’s summary judgment grant to an alleged song copier, finding neither evidence of factual copying nor striking similarity between the two songs. Kirk...more

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

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

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

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

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

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

Dunlap Bennett & Ludwig PLLC

You Need an IP Lawyer (Just Ask Taylor Swift)

Copyright Law is derived from the enumerated grant of power for Congress “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective...more

McDermott Will & Emery

Unhappy Together: No Right of Public Performance under California Copyright Law

Addressing for the first time whether California law establishes a right of public performance for the owners of pre-1972 sound recordings, the US Court of Appeals for the Ninth Circuit found no such right for music and...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

Burns & Levinson LLP

Neil Young’s Suit Illustrates Music Licensing Issues

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On August 4, iconic guitarist Neil Young sued the Trump Campaign, claiming that Trump’s unauthorized use of his songs Rockin’ in the Free World and Devil’s Sidewalk at various rallies, including at the Tulsa rally on July 20,...more

Akerman LLP - Marks, Works & Secrets

After A Long Climb, Led Zeppelin Prevails In The Stairway To Heaven Copyright Battle

Nearly 40 years after Led Zeppelin released Stairway to Heaven – viewed by many as one of the greatest rock songs of all time – Led Zeppelin was sued for copyright infringement. The estate of guitarist Randy Wolfe, who...more

Fish & Richardson

Led Zeppelin Victorious at the Ninth Circuit

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The epic copyright infringement lawsuit against Led Zeppelin over the song “Stairway to Heaven” has reached another milestone – this time in favor of the legendary band. This case has been more like a long and winding road...more

Snell & Wilmer

Led Zeppelin Ruling Overturns Ninth Circuit’s ‘Inverse Ratio Rule’

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On March 9, 2020, Led Zeppelin won a major copyright battle over claims that they stole part of their signature song “Stairway to Heaven.” The Ninth Circuit Court of Appeals, ruling en banc, upheld a 2016 jury verdict that...more

Robins Kaplan LLP

“Pound Cake” Sampling Is Fair Use According to the Second Circuit

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Drake prevails again – this time at the Second Circuit. On February 3, 2020, the Court of Appeals for the Second Circuit upheld the district court’s grant of summary judgment in favor of Drake, finding that his use of a...more

Whitman Legal Solutions, LLC

Businesses and Commercial Real Estate Owners May Need Copyright Public Performance Licenses

What Rights Does Your Music License Agreement Give You? Many people believe that when they pay for a subscription to a music subscription service, such as Apple Music, Spotify, Pandora, Amazon Music, or Google Play Music,...more

Robins Kaplan LLP

Stairway Opens for a Rehearing

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“There’s still time to change the road you’re on,” Led Zeppelin says, hoping a 2016 jury verdict in its favor will be reinstated. On June 10, an 11-judge panel from the Ninth Circuit announced that it would rehear a copyright...more

Robins Kaplan LLP

I Feel Glorious – Macklemore Overcomes Copyright Suit

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“I feel glorious, glorious,” Macklemore is saying. On Tuesday, April 23, a Louisiana federal judge in the Fifth Circuit dismissed a 2017 lawsuit claiming that Macklemore and Ryan Lewis unlawfully sampled Paul Batiste’s sound...more

Pillsbury - CommLawCenter

Deadline to Avoid Pre-1972 Sound Recording Statutory Damages Is Almost Here

Embedded in the Music Modernization Act signed into law in 2018 was a provision that extended most federal copyright protections to pre-1972 sound recordings. Prior to the enactment of the MMA, sound recordings made prior to...more

International Lawyers Network

TOP-10 IP Disputes in 2018

CATEGORY: Trademarks - CASE: Sony vs. PAG - DETAILS: Resolution of the Constitutional Court No. 8-P dated 13 February 2018 - SUMMARY: Unlike the counterfeit, the original (grey) product cannot be destroyed under the...more

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