Archives: Music

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U.S. Supreme Court Rules Trademark Act Disparagement Clause is Unconstitutional

By John Nading, David Kramer, James Stewart, and Alberto Zacapa The Supreme Court today struck down the disparagement clause of the Lanham Act as facially invalid under the Free Speech Clause of the First Amendment, affirming the decision of the Court of Appeals of the Federal Circuit.  This outcome in Matal v. Tam is a victory … Continue Reading

UK: “No rights, no cry!” – Court of Appeal rules on copyright in certain Bob Marley songs

Reposted from Media, Sports, and Entertainment Blog By Holly Pearlman, Sam Churney, Katherine Mullally The Court of Appeal recently ruled on the ownership of the copyright in the music and lyrics (the “Copyright“) of thirteen Bob Marley songs, including one of Marley’s most famous songs “No Woman, No Cry” (the “Songs”). Marley had deliberately misattributed … Continue Reading

Japan – Amendments to the METI Guidelines on Electronic Commerce and Information Property Trading

Reposted from Sports, Media and Entertainment Online By Keitaro Uzawa and Ann Cheung The Ministry of Economy, Trade and Industry of Japan (“METI“) recently revised the Interpretative Guidelines on Electronic Commerce and Information Property Trading (“Guidelines“), which apply to all online business operations in Japan and clarify how the Civil Code, which governs Japanese commercial contracts, and other … Continue Reading

Copyright period for performers and musicians extended by 20 years

Repost from SPORTS, MEDIA AND ENTERTAINMENT ONLINE By Mary Mullen 1 November 2013 sees the Copyright and Duration of Rights in Performance Regulation 2013 come into force. The UK Law implements EU Directive 2011/77/EU which extends the term of copyright for artists who perform in recordings from 50 to 70 years. See our previous Sport Media and … Continue Reading

Ministry Claim Spotted Raising Original Copyright Issues

By John Wilks and Ruth Hoy A UK High Court claim filed this week by the Ministry of Sound record label against music streaming site Spotify raises some interesting issues around the originality threshold for copyright works. The claim, which was reported in the Guardian, alleges that the Ministry’s track listings (each a compilation of … Continue Reading

NEW TECHNOLOGY GIVES RISE TO MADONNA COPYRIGHT CLAIM

By James Stewart Madonna is the center of attention again regarding alleged misappropriation (remember the “Express Yourself” debate?).  The “Material Girl” is once again en vogue on the copyright docket in the Ninth Circuit.  According to IPLaw360, record label VMG Saloul LLC has sued Madonna, her record label, and a co-composer (collectively, “Madonna”) with whom … Continue Reading

Peter Frampton is the latest artist to sue for unpaid digital music royalties

Reposted from DLA Piper’s Media Intelligence Bulletin Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell Peter Frampton has filed a lawsuit against Universal Music Group (“Universal Music”) in respect of unpaid music royalties. Peter Frampton filed a suit on 23 December 2011 against record label Universal Music for half a million pounds worth of unpaid music royalties and … Continue Reading

BT requested to block The Pirate Bay website

Reposted from DLA Piper’s Media & Sport Group Bulletin Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell Ofcom has cleared Al Jazeera English channel (“Al Jazeera”) for its broadcast of “The Palestine Papers” after a complaint of unfair treatment by the Chief Negotiator of the Palestine Liberation Organisation (“PLO”). “The Palestine Papers”, a four-part documentary series broadcast on … Continue Reading

“Goo Goo” and “Gaga”

Reposted from DLA Piper’s Media & Sport Group Bulletin Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell Ate My Heart Inc v (1) Mind Candy Ltd (2) Moshi Music Ltd (2011) – interim junction granted against online children’s game company and its subsidiary The High Court has granted an interim injunction preventing the promotion of an animated character … Continue Reading

Performing artists to benefit from copyright extension to 70 years

Reposted from DLA Piper’s Media & Sport Group Bulletin Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell EU ministers have adopted a Directive extending the term of protection for performers’ copyright from 50 to 70 years. The Directive, adopted at a meeting of the Council of Ministers on 12 September 2011, amends Directive 2006/116/EC on the term of … Continue Reading

Did Beyoncé steal choreography for her “Countdown” video?

Pop diva Beyonce has been accused of stealing dance moves in her new music video “Countdown”. Belgian Choreographer Anne Teresa De Keersmaeker claims that Beyonce plagarized dance moves from her original contemporary works without credit.   Read more: http://www.dailymail.co.uk/tvshowbiz/article-2047520/Beyonc-accused-copying-choreography-new-Countdown-video.html… Continue Reading

US court rules music site is not responsible for investigating copyright infringement by users

From DLA Piper’s Media and Sports Group e-newsletter ‘Media Intelligence’ Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell A New York District court has ruled that MP3tunes, a website which allows users to store online collections of music, is entitled to rely on safeharbours under the US Digital Millennium Copyright Act in respect of certain activities of its … Continue Reading

TV Catchup case referred to Court of Justice of the European Union

Reposted from DLA Piper’s Media & Sport Group bulletin Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell Mr Justice Floyd has referred to the Court of Justice of the European Union (“CJEU”) the question of whether live streaming of television programmes over the internet is a “communication to the public” and therefore subject to copyright laws. TV Catchup Limited (“TVC”) … Continue Reading

Online music to have parental warnings

Reposted from DLA Piper’s bulletin from the Media & Sport Group Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell Warning logos are to be introduced before songs and music videos on services such as Spotify and YouTube. This follows concerns about the amount of potentially inappropriate music content being too easily available to children online. The British Phonographic … Continue Reading

IP Roundup: May 2, 2011

Some of the latest news on copyright and trademark from around the web: Perfect 10 Sues Giganews for Copyright Infringement by Thomas Mennecke at Slyck. Charlie Sheen aiming to trademark 22 catchphrases by Kate Ward at Entertainment Weekly. #Winning? Trademarks for Sarah, Bristol Palin head to approval by Catalina Camia at USA Today. Apple drops attempts to trademark ‘pod’ by Ben Camm-Jones at Computerworld. Wegmans, … Continue Reading

IP ROUNDUP: APR. 4

Some of the latest copyright and trademark happenings from around the Internet: As Wendy Davis reports, Righthaven is suing other newspaper publishers—its prospective customers. Hasn’t Righthaven learned from the RIAA that suing prospective customers doesn’t improve future sales? (via Eric Goldman) InternetShopsInc.com v. Six C Consulting, Inc., 2011 WL 1113445 (N.D. Ga. March 24, 2011): Trademark … Continue Reading

IP ROUNDUP: MAR. 21

Annnndddd we’re back from a small hiatus.  Since the last IP Roundup, there have been a ton of great stories and analyses on Trademark and Copyright Law around the Internet.   Gripe Websites – still fair use: Sedgwick Claims Management Services v. Delsman, 09-16809 (9th Cir. March 21, 2011). Delsman is a blogging griper about … Continue Reading

IP ROUNDUP: FEB. 21

Our team’s weekly roundup of top stories on Copyright and Trademark from around the Internet: Google Suffers Surprising Preliminary Loss in Keyword Advertising Case: Jurin v. Google, 2011 WL 572300 (E.D Cal. Feb. 15, 2011) from Technology & Marketing Law Blog by Eric Goldman. They just mailed it to you. It’s yours. You can sell it. from LIKELIHOOD OF CONFUSION® by Ron Coleman: The … Continue Reading

Rihanna, LaChappelle, and Copyright

Is Rihanna’s New Racy “S and M” Video Substantially Similar to David LaChappelle’s Famed Photography?   Tabloid darling and pop singer Rihanna is being sued for $1 Million for copyright infringement by famed photographer David LaChapelle for allegedly copying eight photographs in her new racy and provocative “S and M” music video. LaChapelle claims that … Continue Reading
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