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Sound Recording Copyrights Musical Sound Recordings

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

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

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

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

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

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

Taylor Swift Sets New Norms for Artists

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Taylor Swift just signed a new record deal that will likely influence the ways in which other artists negotiate with labels....more

Brooks Pierce

Music Law 101: What Rights Does A Copyright Owner Have?

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So you’ve already written and recorded a song and determined who owns it, but now what can you as an owner do with it? What rights in the song do you have, that no one else does? The owner of the copyright in a work has...more

Dorsey & Whitney LLP

Dueling Pianos – Copyright Rules for Digital Music Delivery Almost in Harmony

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As we reported this spring, the “Music Modernization Act” (MMA) working through Congress avowed to bring the royalty determination formula for digital music services into the 21st Century. In April, the House of...more

Brooks Pierce

Music Law 101: Who Owns the Copyright in a Song?

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After your band has written and recorded a song, who actually owns the song? This simple question does not necessarily have a simple answer. Originally published on the ReverbNation Blog....more

Dorsey & Whitney LLP

Moving Past Player Pianos?

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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

Eversheds Sutherland (US) LLP

Not-So-Golden Oldies - Florida’s Top Court Denies Turtles' pre-1972 Copyright Claim

In a unanimous October 26, 2017, decision, the Supreme Court of Florida concluded that Florida common law does not recognize an exclusive right of public performance in pre-1972 sound recordings. Thus, members of the band,...more

Sheppard Mullin Richter & Hampton LLP

Florida Now Follows New York to Find No Common Law Public Performance Right For Pre-1972 Sound Recordings

A few months ago, we brought to your attention a case initiated by The Turtles, seeking royalties in New York for the unauthorized performance of their pre-1972 sound recordings. In that decision, the Court of Appeals of New...more

Sheppard Mullin Richter & Hampton LLP

The Southern District of New York Finds “Work Made For Hire” Under Italian Copyright Law

Musical scores incorporated into films are usually produced with the specific film in mind. In the U.S., we call such works “works made for hire,” meaning that the artist does not retain authorship rights to the music....more

Hogan Lovells

Paul McCartney chants 'Get Back' again – The Future of Copyright Termination

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The US Copyright Act of 1976 allows artists, writers, and musicians to “get back” grants of copyrights that had been previously licensed or assigned away. Specifically, artists can “terminate” their copyright arrangements...more

Akerman LLP - Marks, Works & Secrets

NY Common Law Does Not Provide Creators With Control Over Public Performances of Pre-1972 Sound Recordings

On December 20, 2016, the New York Court of Appeals (New York’s highest court) issued a landmark state copyright law decision, holding in response to a certified question from the Second Circuit in Flo & Eddie, Inc. v. Sirius...more

Greenberg Glusker LLP

Big Pimpin’ Trial: Musicologist Can Make or Break a Case

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Greenberg Glusker Partner Glen Rothstein was quoted in an article that ran in The Daily Journal on October 19th regarding notes and expert testimony in the “Big Pimpin’ trial.”...more

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