Entertainment Law Update Episode 160 – August/September 2023
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
“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
“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
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
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