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Music Industry › Motion to Dismiss

Offit Kurman

Federal Court Rules SoundExchange Lacks Standing in SiriusXM Royalty Dispute

Offit Kurman on

Judge Naomi Reice Buchwald of the U.S. District Court for the Southern District of New York dismissed SoundExchange's $150 million lawsuit against SiriusXM, finding that the performance rights organization lacks legal...more

Loeb & Loeb LLP

Tammy Livingston v. Jay Livingston Music, Inc.

Loeb & Loeb LLP on

Sixth Circuit affirms dismissal of lawsuit brought by granddaughter of late composer Jay Livingston, holding that termination notices served and filed by Livingston’s daughter were valid and that granddaughter retained no...more

Dorsey & Whitney LLP

Sharing the Stage: How Tempo Music Investments LLC v. Miley Cyrus et al Reinforces Copyright Co-owner Rights

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A recent ruling from the United States District Court for the District of Central California in the lawsuit against Miley Cyrus and others for the song “Flowers” highlighted the power that a single copyright co-owner holds in...more

McDermott Will & Schulte

Plausibly Alleging Access Requires More Than Social Media Visibility

McDermott Will & Schulte on

The US Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of a copyright action, finding that the plaintiff failed to plausibly allege either that the defendant had “access” to the work in question...more

Mogin Law LLP

Live Nation’s Motion to Dismiss Government Antitrust Case Rejected

Mogin Law LLP on

The U.S. Department of Justice Antitrust Division and state antitrust authorities have plausibly alleged that Live Nation engaged in illegal tying and coercion of performing artists, a federal judge in the Southern District...more

Farrell Fritz, P.C.

Bob Dylan Takes Breach of Contract Action Out with Just One Punch

Farrell Fritz, P.C. on

A reminder to practitioners: when a contract is unambiguous, the submission of a hurricane of extrinsic evidence to “interpret” it on a pre-answer motion to dismiss won’t fly....more

Dorsey & Whitney LLP

Syncing Workout Music with Licensing Requirements

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2019 brought many changes for fitness companies compiling the perfect playlist for group workout classes, especially for at-home virtual classes. Peloton’s most popular product is an indoor bicycle with live streaming and...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

Farrell Fritz, P.C.

Universal Obtains More Than It Bargained For in Deals with Cash Money Records: Potential Liability for Unpaid Drake Profits

Farrell Fritz, P.C. on

For those unfamiliar with what today’s young kids are listening to, Aubrey “Drake” Graham is one of the most commercially-successful recording artists of all time, with multiple multiple-platinum records to his credit. For...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

Brooks Pierce

U2 Seeks Dismissal of “The Fly” Infringement Suit

Brooks Pierce on

Earlier this year, a songwriter sued the members of U2, claiming that the U2 song, “The Fly” from the 1991 album “Achtung Baby,” infringed the songwriter’s 1989 song “Nae Slappin.” The plaintiff songwriter, Paul Rose,...more

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