News & Analysis as of

Copyright Appeals Music

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Loeb & Loeb LLP

Sound and Color, LLC v. Samuel Smith

Loeb & Loeb LLP on

Ninth Circuit reverses summary judgment in favor of pop singer Sam Smith in music copyright dispute, holding in unpublished opinion that hook in plaintiff’s song may be protectable as unique selection and arrangement of...more

Ervin Cohen & Jessup LLP

Ninth Circuit Revives Copyright Suit Over Sam Smith’s “Dancing with a Stranger” and Reaffirms the Jury’s Role

On April 29, 2025, the Ninth Circuit Court of Appeals revived the copyright infringement case filed by Sound and Color, LLC against Sam Smith, Normani, and related parties (collectively, “Defendants”) concerning the hit song...more

Spirit Legal

Musikrecht: Urheber muss bearbeitetem Foto auf Albumcover zustimmen

Spirit Legal on

Die Verwendung fremder Fotografien kann urheberrechtlich problematisch sein. Das gilt auch, wenn fremde Bilder bearbeitet werden. Doch wann genau benötigt man die Erlaubnis des Urhebers für eine Bearbeitung und wann nicht?...more

McDermott Will & Schulte

So You Wanna Play with Copyright? “Joyful Noise” Ostinato Isn’t Original Expression

The US Court of Appeals for the Ninth Circuit affirmed a district court’s order vacating a jury award of damages for copyright infringement and granting judgment as a matter of law, explaining that the musical work alleged to...more

Fenwick & West LLP

Katy Perry’s “Dark Horse” Comes Out in Front: Ninth Circuit Affirms No Infringement in Copyright Lawsuit

Fenwick & West LLP on

Songs often share components that sound similar to one another, which frequently raises the question of whether copyright infringement has occurred. On March 10, 2022, the U.S. Court of Appeals for the Ninth Circuit held—in a...more

Dorsey & Whitney LLP

“Dark Horse” Copyright Claim Against Katy Perry - Hoofing it on a Stairway to Heaven?

Dorsey & Whitney LLP on

We previously reported on the Marcus Gray, et al. (“Gray”) v. Katheryn Hudson, et al. (“Perry”) case on August 2nd and August 15th of 2019. When we initially reported the details of this case, Gray was awarded damages to...more

McDermott Will & Schulte

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

McDermott Will & Schulte

“Can’t Hold Us” Liable: Macklemore & Ryan Lewis Win Affirmance in Copyright Suit

The US Court of Appeals for the Fifth Circuit affirmed a grant of summary judgment on the issue of copyright infringement and an award of attorneys’ fees against the plaintiff under the Copyright Act. Although the Court noted...more

McDermott Will & Schulte

Ninth Circuit Shows Led Zeppelin a Whole Lotta Love in ‘Stairway’ Copyright Win

Ruling en banc, the US Court of Appeals for the Ninth Circuit reinstated a 2016 jury verdict, finding that the rock band Led Zeppelin and the opening notes of its hit song “Stairway to Heaven” did not infringe the 1967 song...more

WilmerHale

Ninth Circuit Watch: En Banc Court Overturns Rule That a High Degree Of Access to Copyrighted Material Reduces Plaintiff's Burden...

WilmerHale on

On March 9, 2020, the en banc U.S. Court of Appeals for the Ninth Circuit unanimously held in Skidmore v. Led Zeppelin that a copyright defendant’s “high degree of access” to a copyrighted work does not lower the plaintiff’s...more

Sunstein LLP

January 2019 IP Update - Digital Resale: Where New Technology Stumbles Over Old Law

Sunstein LLP on

A purchaser of an article of commerce expects to be able to freely sell it regardless of any intellectual property rights that it may embody. The resale of digital files, however, runs into a special barrier that ReDigi...more

Dorsey & Whitney LLP

The Second Circuit Shuts Down Application of First Sale Doctrine

Dorsey & Whitney LLP on

In a decision issued on December 12, 2018, the Second Circuit refused to recognize application of the first sale doctrine to a service that had been established as a marketplace for resale of digital music files. Under the...more

Sands Anderson PC

You Can’t Buy “Rasberry Beret” at the Second Hand Store: Court Nixes Site for Re-Selling Digital Music

Sands Anderson PC on

Ever bought a song or an album on iTunes and, after a while, decided you didn’t like it? Did you wish you could sell it somewhere, to someone, for something, the way you might have done with an old vinyl record or CD?...more

Dorsey & Whitney LLP

Stairway To Retrial: 9th Circuit Erases Jury Verdict in Favor of Led Zeppelin

Dorsey & Whitney LLP on

As it turns out, all that glitters is not gold. Or at least that’s probably how Led Zeppelin feels after the 9th Circuit overturned a shiny jury verdict in favor of the iconic British rock band....more

Jones Day

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

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

Dorsey & Whitney LLP

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

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

Robins Kaplan LLP

Demi Lovato, Idina Menzel, and Disney Sued Over Frozen Song “Let It Go”

Robins Kaplan LLP on

Demi Lovato, Idina Menzel, and Disney are amongst the defendants who were sued over the hit song, “Let It Go,” featured in the popular 2013 Disney film, Frozen....more

Brooks Pierce

Music Performing Rights Organizations and the “Full-Work” vs. “Fractional” Licensing Dispute: Government Seeks to Overturn...

Brooks Pierce on

On Thursday, the United States filed its brief (link is external)in its appeal of a decision by the district court for the Southern District of New York (link is external), which rejected the US Department of Justice’s...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

McDermott Will & Schulte

Iron Man Composer Battles Tech Giant Sony and Ghostface Killah

McDermott Will & Schulte on

The US Court of Appeals for the Second Circuit ruled in favor of the composer of the 1960s Iron Man theme song, finding material facts in dispute as to whether the song was commissioned as a work for hire. Jack Urbont v. Sony...more

McDermott Will & Emery

Copyright Co-Owner’s Ability to Grant an Exclusive Right to a Third Party - Corbello v. DeVito

McDermott Will & Emery on

Revisiting the issue of a copyright co-owner’s right to grant an exclusive right to a third party, the U.S. Court of Appeals for the Ninth Circuit clarified its prior ruling in Sybersound v. UAV, and explained that a...more

21 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide