News & Analysis as of

Music Industry Sound Recording Copyrights

Loeb & Loeb LLP

SoundExchange Inc. v. Sirius XM Radio Inc.

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District court dismisses SoundExchange’s suit against Sirius XM Radio seeking $150 million in alleged unpaid royalties, finding that “licensing and enforcement of rights” under Section 114 of Copyright Act is not synonymous...more

Wilson Sonsini Goodrich & Rosati

District Court Finds SoundExchange Lacks Standing to Sue for Unpaid Royalties

On August 7, 2025, a federal district court dismissed the complaint in a lawsuit brought by SoundExchange, Inc., an independent nonprofit representing owners of copyrighted sound recordings that sought underpaid royalties...more

Offit Kurman

Estate Planning for Musicians and Protecting Your Legacy Off the Stage

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For musicians, estate planning is not just about deciding who inherits guitar collections or song royalties. It is about protecting your artistic legacy, ensuring your intellectual property is handled according to your...more

Troutman Pepper Locke

Why Did Taylor Swift Re-record Her Albums? – No Infringement Intended Podcast

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In this episode, Rusty Close and Austin Padgett discuss why Taylor Swift re-recorded her original six albums. They explain the distinction between publishing rights and master recording rights, noting that Swift owned the...more

BakerHostetler

Oops, I Did It Again: Navigating Social Media Posts for Brands

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Brands’ social media feeds are getting attention lately, but not always for the right reasons. We’ve covered social media advertising risks in our ADventures in Law blog before....more

Haug Partners LLP

Warner Chappell Music, Inc. v. Nealy: Plaintiffs Can Recover Damages for Timely Claims of Copyright Infringement Dating Back More...

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On May 9, 2024, the Supreme Court in Warner Chappell, Music Inc. v. Nealy settled a longstanding circuit split and ruled 6-3 that the Copyright Act entitles a copyright owner to recover damages for any timely claim, no matter...more

Dorsey & Whitney LLP

I Don’t Get You, Babe - The Curious Copyright Case of Sonny & Cher & Mary

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The 1970s were the heyday of the now-extinct television genre known as the variety show: a weekly extravaganza headlined by a well-known entertainer, generally accompanied by a supporting cast of singers, dancers and...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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2024

Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Time's Up: Supreme Court to Grapple with Damages Dilemma in Warner Chappell Music v. Nealy

On February 21, 2024, the Supreme Court of the United States heard oral arguments in Warner Chappell Music, Inc. et al. v. Nealy et al. The case involves whether plaintiff music producer Sherman Nealy may recover damages for...more

Dorsey & Whitney LLP

Whose Song Is It Anyway? Questions about Samples in Flo Rida and will.i.am’s Hit “In the Ayer” Soar to the Supreme Court

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On September 29, 2023, the Supreme Court granted certiorari in Warner Chappell Music, Inc. v. Nealy, a case that should resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more

Katten Muchin Rosenman LLP

And the Winner Is… Human AI-Generated Music Ineligible for Grammys - Katten Kattwalk | Issue 25

The Recording Academy has set the record straight about the eligibility of music developed by artificial intelligence for the Grammy Awards. “A work that contains no human authorship is not eligible in any Categories,” the...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

Dorsey & Whitney LLP

“All the Way Up” to the Second Circuit

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Fly Havana and Fat Joe are heading “All the Way Up” to the Second Circuit for “Another Round.” Earlier this month Fly Havana appealed New York District Court Judge Naomi Reice Buchwald’s conclusion that Fly Havana had...more

Davis Wright Tremaine LLP

9th Circuit En Banc Ruling in Favor of Led Zeppelin in the "Stairway to Heaven" Case Immediately Impacts Copyright Cases

You've heard it, you likely love it, and it's probably the first melody that you ever tried to learn on the guitar to impress your friends. "Stairway to Heaven" has been called the greatest rock song of all time by music...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

Snell & Wilmer

Led Zeppelin Ruling Overturns Ninth Circuit’s ‘Inverse Ratio Rule’

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On March 9, 2020, Led Zeppelin won a major copyright battle over claims that they stole part of their signature song “Stairway to Heaven.” The Ninth Circuit Court of Appeals, ruling en banc, upheld a 2016 jury verdict that...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

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

Robins Kaplan LLP

I Feel Glorious – Macklemore Overcomes Copyright Suit

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“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

Pillsbury - CommLawCenter

Deadline to Avoid Pre-1972 Sound Recording Statutory Damages Is Almost Here

Embedded in the Music Modernization Act signed into law in 2018 was a provision that extended most federal copyright protections to pre-1972 sound recordings. Prior to the enactment of the MMA, sound recordings made prior to...more

Robins Kaplan LLP

“Let’s Get It On” to a Jury – Ed Sheeran Goes to Trial

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The year didn’t start on a high note for Ed Sheeran. Back in 2016, Sheeran was sued by the heirs of “Let’s Get It On” (LGO) co-writer, Ed Townsend, who accused Sheeran of copying several elements of LGO in his 2014 hit,...more

McDermott Will & Schulte

No Rehearing on No Copyrights for Digital Remasters

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The US Court of Appeals for the Ninth Circuit denied a petition for a rehearing en banc, refusing to reconsider its decision that digitally remastered pre-1972 sound recordings are not new copyrighted songs. ABS...more

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