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Intellectual Property Protection › Summary Judgment › Music Industry

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Ninth Circuit reverses summary judgment in favor of pop singer Sam Smith in music copyright dispute, holding in unpublished opinion that hook in plaintiff’s song may be protectable as unique selection and arrangement of...more

McDermott Will & Schulte

Rock On: Clichéd Song Themes Don’t Infringe Copyright

McDermott Will & Schulte on

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

Proskauer - Minding Your Business

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

Proskauer - Minding Your Business on

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

Robins Kaplan LLP

“Pound Cake” Sampling Is Fair Use According to the Second Circuit

Robins Kaplan LLP on

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

Proskauer Rose LLP

Three Point Shot - June 2019

Proskauer Rose LLP on

Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. We hope you...more

Robins Kaplan LLP

I Feel Glorious – Macklemore Overcomes Copyright Suit

Robins Kaplan LLP on

“I feel glorious, glorious,” Macklemore is saying. On Tuesday, April 23, a Louisiana federal judge in the Fifth Circuit dismissed a 2017 lawsuit claiming that Macklemore and Ryan Lewis unlawfully sampled Paul Batiste’s sound...more

McDermott Will & Schulte

Second Circuit: No First Sale Doctrine for Reproduced Digital Files

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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

Fenwick & West LLP

Good News for Game Developers: Court Extends Protections for Using Others’ Trademarks in the Advertising of Artistic Works

Fenwick & West LLP on

In a move that will likely benefit game developers, the U.S. Court of Appeals for the Ninth Circuit explicitly held that First Amendment protection extends to use of third-party trademarks in the commercial promotion of an...more

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