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The Copyright Act 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

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

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

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

Brooks Pierce

Music Law 101: What Rights Does A Copyright Owner Have?

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So you’ve already written and recorded a song and determined who owns it, but now what can you as an owner do with it? What rights in the song do you have, that no one else does? The owner of the copyright in a work has...more

McDermott Will & Schulte

No New Copyright for Digital Remasters

The US Court of Appeals for the Ninth Circuit, in reversing a grant of summary judgment in favor of defendants, found that digitally remastered pre-1972 sound recordings were not entitled to protection under federal law as...more

Dorsey & Whitney LLP

Dueling Pianos – Copyright Rules for Digital Music Delivery Almost in Harmony

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As we reported this spring, the “Music Modernization Act” (MMA) working through Congress avowed to bring the royalty determination formula for digital music services into the 21st Century. In April, the House of...more

Brooks Pierce

Music Law 101: Protect Your Music, Protect Yourself

Brooks Pierce on

We are pleased to introduce a new blog series. Music Law 101 will be a recurring bi-weekly series consisting of posts covering a wide variety of legal topics relevant to artists, musicians, songwriters, producers, and others...more

Dorsey & Whitney LLP

Moving Past Player Pianos?

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As we promised in our prior post, we have an update on the “Music Modernization Act” (MMA) that promises to advance copyright law governing digital transmissions of sound recordings into the 21st Century. In a rare act of...more

Sheppard Mullin Richter & Hampton LLP

The Southern District of New York Finds “Work Made For Hire” Under Italian Copyright Law

Musical scores incorporated into films are usually produced with the specific film in mind. In the U.S., we call such works “works made for hire,” meaning that the artist does not retain authorship rights to the music....more

Hogan Lovells

Paul McCartney chants 'Get Back' again – The Future of Copyright Termination

Hogan Lovells on

The US Copyright Act of 1976 allows artists, writers, and musicians to “get back” grants of copyrights that had been previously licensed or assigned away. Specifically, artists can “terminate” their copyright arrangements...more

Akerman LLP - Marks, Works & Secrets

NY Common Law Does Not Provide Creators With Control Over Public Performances of Pre-1972 Sound Recordings

On December 20, 2016, the New York Court of Appeals (New York’s highest court) issued a landmark state copyright law decision, holding in response to a certified question from the Second Circuit in Flo & Eddie, Inc. v. Sirius...more

Akerman LLP - Marks, Works & Secrets

Second Circuit In Vimeo Narrows The Red Flag Knowledge and Willful Blindness Exceptions To DMCA Safe Harbors

The Second Circuit recently decided Capitol Records, LLC, et al. v. Vimeo, LLC (2d Cir. June 16, 2016) (“Vimeo”), a landmark decision concerning the interpretation of the Digital Millennium Copyright Act of 1998 (the...more

Akerman LLP - Marks, Works & Secrets

The Ray Charles’s Foundation Doesn’t Have to “Hit the Road Jack”: Ninth Circuit Permits Foundation to Challenge the Validity of...

On July 31, 2015, the Ninth Circuit reversed the Central District of California’s dismissal of an action brought by the Ray Charles Foundation, seeking, among other things, a judicial determination of the validity and...more

Kelley Drye & Warren LLP

Jay Z Awarded Attorneys’ Fees After Routing Plaintiff In Copyright Lawsuit: Now Plaintiff Has $253,409.99 Problems For Bringing...

On July 17, 2015, Judge Schofield sitting in the Southern District of New York awarded defendants Shawn Carter (a/k/a Jay Z), Roc-A-Fella Records and Roc Nation, LLC (collectively, “Roc-A-Fella”) $253,409.99 in attorneys’...more

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