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Copyright Office Establishes New Electronic DMCA Agent Registration

The Digital Millennium Copyright Act (DMCA) safe harbor provision is one of the most important copyright laws of today’s online focused society. As of December 1, 2016, the Copyright Office has enacted a new set of rules one must follow to register a DMCA agent. The new system makes registration cheaper and easier but does […]

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Spinal Tap Goes To 11 As Co-Creator Sues Vivendi for $125,000,000

It is nearly impossible to be backstage at a concert and not hear at least one quote from, or a reference to, the mockumentary This Is Spinal Tap. The film, first released in 1984, has gone on to be considered one of the most popular and successful films of all time. It has been included […]

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The Importance of Deposit Copies in Copyright Litigation

Two of the most notorious copyright litigation cases in recent years share one thing in common, neither jury was allowed to compare the audio recordings of the songs in question. The rulings in both the “Blurred Lines”and “Stairway to Heaven”cases show how important it is to file accurate and complete deposit copies with the US […]

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Attorneys Granted Motion for Increased Fees in “Happy Birthday” Copyright Suit

Recently a California U.S. District Judge found that Warner/Chappell Music, Inc. did not hold a valid copyright on the song “Happy Birthday To You‚¬, and the song was held to be in the public domain. As part of the judgment, Warner/Chappell Music, Inc. was ordered to pay $14 million to reimburse members of the class […]

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“Stairway to Heaven” Holds on to Iconic Riff

One of the most iconic rock songs of the 20th Century came under fire earlier this summer for allegations of copyright infringement. The estate of Randy Wolfe, guitarist for Spirit on the song “Taurus,”brought a copyright suit against Led Zeppelin, frontman Robert Plant, and guitarist Jimmy Page alleging infringement of a guitar riff that opens […]

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Under Pressure: The State of Sampling in the Music Industry

Earlier this month, Madonna won the appeal of a copyright infringement lawsuit before the 9th Circuit Court of Appeals. The plaintiff, VMG Salsoul LTD., alleged that a tiny (0.23 second!) sample of the horns from the song “Love Break“was used in Madonna’s song “Vogue.‚¬ The majority held that the sample was too small to be […]

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Derivative Works and Remastered Sound Recordings

A recently decided court case regarding remastered versions of pre-1972 sound recordings could have significant legal and practical implications for musicians, recording artists, sound engineers, and record labels. Judge Perry Anderson, of the United States District Court for the Central District of California, recently granted Summary Judgment for CBS Radio Inc. in a case brought […]

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Supreme Court Revisits Standard for Awarding Attorneys’ Fees in Copyright Cases

Earlier this week the Supreme Court heard oral arguments addressing the relevant standard for awarding attorneys’ fees in cases involving copyright law. The Court’s ruling, expected later this spring, will likely have a significant impact on copyright litigation cases. Section 505 of the Copyright Act provides that a district court “may”award a reasonable attorney’s fee […]

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Does Spotify Owe You Money? Streaming Service Sued for $150 Million in Unpaid Royalties

David Lowery, the frontman of Cracker and Camper Van Beethoven, has recently filed a class action lawsuit seeking at least $150 million dollars in damages against Spotify. Lowry alleges Spotify knowingly, willingly, and unlawfully reproduces and distributes copyrighted compositions without obtaining mechanical licenses. According to the complaint, which was filed December 28th in the Central […]

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Intellectual Property Protection Options for Software

In a previous blog post, I discussed some of the recent updates issued by the United States Patent and Trademark Office regarding patent eligible subject matter and software patents. As anyone who deals with software patents is aware, there is a lot of uncertainty as to whether software is patent eligible subject matter. While the […]

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