News & Analysis as of

Intellectual Property Protection Musical Sound Recordings Copyright Litigation

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

Loeb & Loeb LLP

Sound and Color, LLC v. Samuel Smith

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Ninth Circuit reverses summary judgment in favor of pop singer Sam Smith in music copyright dispute, holding in unpublished opinion that hook in plaintiff’s song may be protectable as unique selection and arrangement of...more

McDermott Will & Schulte

Second Circuit Tells Rapper to Face the Music for Failing to Register the Work

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 & Schulte

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

Proskauer - Minding Your Business

From Ireland to Iceland to Groban? Supreme Court Leaves in Place Circuit Split Regarding Approach for Assessing Substantial...

The United States Supreme Court recently denied certiorari in Johannsongs-Publishing, Ltd. v. Peermusic Ltd., et al, bringing an end to a copyright infringement suit relating to Josh Groban’s 2003 song You Raise Me Up....more

Spirit Legal

Musikrecht: Urheber muss bearbeitetem Foto auf Albumcover zustimmen

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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

Hogan Lovells

Lindgren heirs win in dispute over Pippi Longstocking lyrics

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In a recent ruling by the Regional Court Hamburg (Case No. 308 O 431/17), the court awarded the heirs of children's book author Astrid Lindgren a right to information ...more

Fish & Richardson

Led Zeppelin Paves the Way for Katy Perry

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We recently wrote about Led Zeppelin’s victory at the Ninth Circuit in the dispute over “Stairway to Heaven.” Although just a few weeks old, the decision has already been applied in a music case to find non-infringement,...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

Chris Cornell’s Widow Sues Soundgarden for Copyrights to Unreleased Songs

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The widow of the late Soundgarden frontman, Chris Cornell, has sued the band, its members, and business managers for copyright ownership of unreleased sound recordings and withholding royalties. ...more

Seyfarth Shaw LLP

Court Sanctions Defendant for Failure to Preserve Text Messages in Copyright Infringement Suit Brought by Prince’s Estate

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This is what it sounds like, when sanctions are granted. In March 2019, a federal judge in Minnesota sanctioned Defendants for their failure to preserve text messages in a copyright infringement suit brought in part by the...more

Hogan Lovells

Ninth Circuit holds that determination of copyright originality ill-suited for disposition on a motion to dismiss

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The Ninth Circuit recently reversed the dismissal of copyright infringement claims in Hall v. Taylor Swift finding a lack of sufficient facts or evidence of record to justify a summary conclusion of lack of originality for...more

Robins Kaplan LLP

Who Owns Truth Hurts?

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Sometimes the truth hurts – but what is the truth here? On October 23, Melissa Jefferson, professionally known as Lizzo, filed a lawsuit in the United States District Court in Los Angeles seeking a declaratory judgment...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

Hogan Lovells

iPunkt recap… Will CJEU follow Advocate General on unauthorised sampling opinion?

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In December 2018, CJEU Advocate General Szpunar took the view that the reuse of a sound sequence in a new song (referred to as sampling) without the author’s permission violates copyright law (case C-476/17 – Moses Pelham et...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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