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Fair Use Copyright Litigation Music Industry

Ervin Cohen & Jessup LLP

Timbaland & Suno Highlight The Legal Risks of AI Music Tools

Suno is a leading AI-powered music generation platform which transforms simple text prompts, images, videos, or audio clips into fully produced songs complete with vocals and instrumentation. Last week, renowned music...more

Falcon Rappaport & Berkman LLP

Getty Images vs. Stability AI: The Landmark Copyright Battle Shaping The Future of Generative AI

Getty Images, a well-known visual media company and supplier of stock images, is facing off against a London-based artificial intelligence company, Stability AI, in what is considered to be the first major copyright trial of...more

Arnall Golden Gregory LLP

Key Takeaways From the Copyright Office's Report on the Economic Impact of AI

In February 2025, the U.S. Copyright Office released a report titled “Identifying the Economic Implications of Artificial Intelligence for Copyright Policy.” Edited by Brent Lutes, the Office’s chief economist, the volume...more

Pillsbury Winthrop Shaw Pittman LLP

Lyric or Leave It: Anthropic Tries to Strike a Chord with the Music Industry

The Northern District of California is overseeing an ongoing copyright lawsuit between Universal Music Corp., ABKCO Music Inc., Concord Music Group, and other music publishers (collectively, the “Publishers”) and AI company...more

Kaufman & Canoles

Song of the Year vs. Record of the Year: Copyright Law and the Grammys

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On Sunday, two of the most prestigious categories at the 67th Annual Grammy Awards will confuse millions. To prevent you from being one of them, allow copyright law to explain the difference between Song of the Year and...more

Fox Rothschild LLP

New Year, New Public Domain Works: Copyright Public Domain Day 2025

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Every year, the world celebrates the first of January as Public Domain Day, marking the release of copyrighted works into the public domain. In 2024, we saw popular intellectual properties enter the public domain, including...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #3

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Dick’s Sporting Goods Inc. and a man who claims he suffered permanent eye damage because of a defective golf practice net bought from the company are asking a Georgia federal judge to keep his litigation on hold while they...more

Womble Bond Dickinson

Brands & Influencers Beware! Popular Songs on Social Media at the Heart of Copyright Infringement Lawsuit

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Anyone who has ever browsed Instagram® or TikTok® (or any parent with phone-addicted kids) realizes that music is an integral part of short-form video social media. Content creators record a few minutes or even a few seconds...more

Dorsey & Whitney LLP

Hip-Hop Artist Drake Fairly Used Anti-Hip Hop Song Sample

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In an apparent win for musicians seeking to sample other’s works, on February 3, 2020, the Second Circuit declined to revive a copyright lawsuit against hip-hop musician Drake for his sampling of a 1980s spoken-word jazz...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

ReDigi Wants a Re-Do at the High Court

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ReDigi, an online platform that allows users to buy and sell pre-owned digital content directly from other consumers, is asking the Supreme Court to overturn a ruling finding that its services were not protected by the...more

Brooks Pierce

Music Law 101: Copyright Infringement and Fair Use

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As we have previously discussed, the owner of the copyright in a work has certain exclusive rights in that work. Anyone who violates the exclusive rights of the copyright owner is an infringer of that copyright. To...more

McDermott Will & Schulte

Second Circuit: No First Sale Doctrine for Reproduced Digital Files

Holding that reproduction of a digital file for purposes of resale does not fall under the “first sale” doctrine of the Copyright Act, the US Court of Appeals for the Second Circuit affirmed the district court’s grant of...more

Dorsey & Whitney LLP

Musical Artists Having A “Party and Bulls***” After Copyright Infringement Suit Dismissed

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Several musical artists, producers, publishers and songwriters, including the estate of the Notorious B.I.G and Rita Ora, are celebrating after a U.S. District judge for the Southern District of New York dismissed a copyright...more

Robins Kaplan LLP

Notorious B.I.G Estate Evades Copyright Lawsuit

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The estate of Christopher Wallace, better known as The Notorious B.I.G. or Biggie Smalls, reigned supreme last week in the Southern District of New York after U.S. District Judge Alison J. Nathan dismissed a copyright suit...more

Fish & Richardson

Dancing Baby May Be Headed To Supreme Court

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On August 12, 2016, the Electronic Frontier Foundation (“EFF”) petitioned the Supreme Court on behalf of its client, Stephanie Lenz, to reverse the Ninth Circuit’s decision in Lenz v. Universal Music Corp., 801 F.3d 1126...more

Pillsbury - Internet & Social Media Law Blog

The Case of Prince, a Dancing Baby and the DMCA Takedown Notice

In 2007, Stephanie Lenz posted a 29-second video to YouTube of her baby dancing in the kitchen with Prince’s “Let’s Go Crazy” playing in the background. Claiming use of their song amounted to copyright infringement, Universal...more

Snell & Wilmer

Ninth Circuit: Copyright Holders Must Consider Fair Use Before Sending DMCA Takedown Notices

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The Ninth Circuit held last week in Lenz v. Universal Music Corp. (the “dancing baby” case) that a copyright holder must consider fair use before sending a takedown notice under the Digital Millennium Copyright Act (DMCA)....more

Nossaman LLP

Baby vs. Prince – “Let’s Go Crazy”: Fair Use And the Digital Millennium Copyright Act

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In view of the Ninth Circuit Court of  Appeals decision in Lenz    v. Universal Music Corp., Case Nos. 13-16106 and 13-16107 (Sept. 14, 2015), copyright owners need to be careful before sending Internet takedown notices for...more

Lewitt Hackman

Online Piracy: 9th Circuit Cautions Copyright Holders re DMCA Takedown Notices

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A mother who uploaded a 29 second video to YouTube probably never dreamed she'd wind up with over a million views and a lawsuit by a major music publisher that went to the Ninth Circuit court of appeal. Stephanie Lenz...more

Neal, Gerber & Eisenberg LLP

Ninth Circuit Says Think Twice Before Sending That Takedown Notice Under DMCA: Be Sure You Have a Good Faith Belief It’s Not Fair...

The Digital Millennium Copyright Act (DMCA) requires copyright holders to consider fair use before sending a takedown notification, according to the U.S. Court of Appeals for the Ninth Circuit in Lenz v. Universal Music...more

Stinson LLP

To Avoid Liability, Consider Fair Use Before Sending A DMCA Takedown Notice

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In the online content takedown and put-back volley provided under the Digital Millennium Copyright Act (DMCA) to limit service provider copyright infringement liability, the Ninth Circuit Court of Appeals held earlier this...more

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit Requires Fair Use Evaluation Before Issuing DMCA Take-Down Notices

In a highly anticipated opinion in the so-called "Dancing Babies" case, the Ninth Circuit clarified this week the steps under the Digital Millennium Copyright Act ("DMCA") that copyright holders must take before issuing a...more

Holland & Knight LLP

Copyright Owners Must Weigh Fair Use Before DMCA Takedown, 9th Circuit Holds

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A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit held on Sept. 14, 2015, that a copyright owner must consider whether a third party's online use of copyrighted content constitutes fair use before...more

BakerHostetler

The DMCA Through the ‘Lenz’ of Fair Use: The Ninth Circuit Finds Fair Use Analysis Required Before Sending a DMCA Takedown Notice

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Monday, the Ninth Circuit issued an opinion in the heavily followed “dancing baby case,” holding that copyright owners must consider an alleged infringer’s defense of fair use before sending a notice under the Digital...more

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