Generic Fair Use

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Tag: music (page 2 of 2)

Stairway to Infringement? Led Zeppelin facing copyright claims

On May 31, 2014, the estate of Randy Craig Wolfe filed a lawsuit in the Eastern District of Pennsylvania against James Patrick Page, Robert Anthony Plant, and John Paul Jones, among others.[1] The primary cause of action is copyright infringement. There does not appear to be anything special about such a lawsuit until you realize that the Defendants are famous musicians that performed under the name “Led Zeppelin” and the “among others” includes Warner Music Group. The alleged basis for copyright infringement? Stairway to Heaven. Yes, the 1971 song that continues to be a staple at every middle school dance. Suddenly this lawsuit seems like kind of a big deal.

How is such an iconic song subject to a copyright infringement lawsuit 45 years after its initial release? How was this suit not dismissed as frivolous right away? Does the judge not know about this little thing called a ‘statute of limitations’? This all seems highly unfair, right?

Well, a jury gets to decide all of these issues as early as next month. On April 8, 2016, the district court judge denied the relevant parts of Led Zeppelin’s Motion for Summary Judgment and the lawsuit is set to proceed to trial.[2] In the meantime, a quick overview of this case and how 1970s copyright laws are still relevant today.

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My YouTube Cover Song is Legal, Right? (Well, maybe.)

[originally published on October 21, 2015 at www.law-dlc.com]

In August, Ryan Adams[1] announced his intentions to release song-by-song and nearly note-for-note cover of Taylor Swift’s “1989” album.[2]  He covered every single song and all of the same lyrics, just stripped down and re-recorded as a more guitar-based interpretation.[3]  It is a rather audacious project for an artist that is more of an indie musician than a pop star.  After the release of his covers album, many people asked me that all-too-common question:

How is that legal?  How is that not copyright infringement?

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How Was “Happy Birthday” Still Protected as a Copyright?

[originally posted September 23, 2015 at www.law-dlc.com]

By now it is likely you have seen the news story.  On Tuesday, September 22, 2015, Judge George H. King, in the United States District Court for the Central District of California, ruled that Warner/Chappell, the publishing arm of Warner Music, did not have the right to enforce its claims in the copyright for the ubiquitous lyrics to the song “Happy Birthday.”  The legal implications are that the song lyrics may be in the public domain and free to use by all.

The question many of you likely also have is “how was ‘Happy Birthday’ still subject to a copyright after all these years?”  It can be somewhat complicated.

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Not Even Rick Ross is Allowed to Copyright a Word or Phrase

[originally published September 18, 2015 on www.law-dlc.com]

In January 2014, Rick Ross sued LMFAO for copyright infringement over their use of lyrics from their song “Party Rock Anthem.” In particular, Ross claims that LMFAO are infringing on his copyright in the phrase “Everyday I’m hustlin’” which is a phrase Ross claims originally appeared in his song “Hustlin’.” LMFAO modified the lyric to “Everyday I’m shufflin’” and also began selling t–shirts and clothing bearing the same phrase. Rick Ross apparently was not amused by this apparent derivative work.

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