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Bundle to Save: Spotify Avoids Royalties to Musicians 

Mechanical Licensing Collective v. Spotify USA Inc., Case No. 24 Civ. 3809 (S.D.N.Y. Jan. 29, 2025) - On January 29, 2025, the Southern District of New York dismissed a lawsuit filed against Spotify for allegedly failing...more

Sheeran Strikes a Chord: Second Circuit Finds No Infringement of “Let’s Get It On”

Structured Asset Sales, LLC v. Sheeran, No. 18-cv-5839 (2d Cir. Nov. 1, 2024) - On November 1, 2024, the Second Circuit affirmed the district court’s entry of summary judgment that Ed Sheeran’s Thinking Out Loud (“TOL”)...more

What Is “Sufficient Human Authorship” In AI-Based Works? 

In the most recent of three Copyright Review Board decisions regarding artificial intelligence (“AI”) works, the Board once again found that an artistic work generated by inputting the author’s photograph of a sunset and Van...more

Rapper Fat Joe Accused of Denying Rights in Hit Single

Elliott v. Cartagena, No. 22-225 (October 17, 2023, 2d Cir.) - Nothing can stop Fat Joe, he’s all the way up…except perhaps, the Second Circuit. On October 17, the Second Circuit overruled the S.D.N.Y.’s dismissal of a...more

10/26/2023  /  Authorship , Copyright , Music , Song Lyrics

SCOTUS Stills Courts’ Inner Art Critic

In a highly anticipated ruling, the Supreme Court found that the Andy Warhol Foundation (“AWF”)’s licensing of “Orange Prince” to Condé Nast was not “fair use” of a Lynn Goldsmith photograph that served as the basis for Andy...more

Infringers Beware: Copyright Damages Not Limited to Three Years - Nealy v. Warner Chappell Music, Inc., No. 21-13232 (11th Cir....

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

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