Legal Issues in the Music Industry: Music in Film & TV Legal Issues in the Music Industry: Music in Film & TV This is the first blog of many that will focus on the diverse legal issues that affect musicians, artists, songwriters, and other music industry related entities. I routinely get asked the same questions over and over again which I will attempt to break down […] Continue Reading →
Blurred Lines in Copyright Law Following ‘Blurred Lines’ Jury Verdict Under the Copyright Act of 1909, a work was protected when it was published with the notice of copyright protection. Although changed by the Copyright Act of 1976, releasing a sound recording of a composition under the 1909 act (i.e., musical notes and lyrics) did not constitute “publication”of a musical work. Thus, for musical works […] Continue Reading →
Supreme Court Determines Internet Service Violates Copyrights The Supreme Court has issued its much anticipateddecision in American Broadcasting Co., Inc. v. Aereo, Inc. The Court held that an internet service provided by Aereo—which allows subscribes to watch television programs over the internet contemporaneous with the programs as they are broadcasted over the air—violates of a copyright owner's exclusive right to perform a […] Continue Reading →
Copyright 3-year Statute of Limitations Trumps Laches Defense PETRELLA v. METRO-GOLDWYN-MAYER, INC. Frank Petrella wrote two screenplays and one book based on the life of boxing champion Jake LaMotta. One of the screenplays, registered in 1963, identifies Patrella as the sole author, written in collaboration with LaMotta. LaMotta and Patrella assigned their rights in the screenplay, including renewal rights, to Chartoff-Winkler Productions, Inc. […] Continue Reading →
The Ongoing Battle of Copyright Protection and Pre-1972 Sound Recordings Federal Copyright Law generally protects works that are fixed in a tangible medium from unauthorized use, including copying, performance, exhibition, and broadcasting. However, sound recordings from before 1972 are treated uniquely under the law—a situation that has resulted in real legal problems. When enacted, the Federal Copyright Law preempted any state rights relating to copyright […] Continue Reading →
2014 Supreme Court Cases Relating to Intellectual Property On January 10, 2014 the Supreme Court agreed to review a variety of intellectual property cases in the upcoming session, including two patent cases, a copyright case, and a trademark case (including Lanham Act claim). A brief overview of these cases is provided and more detail will be available once decisions are entered by the […] Continue Reading →
The Role of DVRs in Copyright Infringement InFox Broadcasting v. Dish Network, Fox Broadcasting Company ("Fox") appealed a ruling by the District Court of Central District of California that Fox did not demonstrate a likelihood of success on most of its copyright infringement and breach of contract claims, and that Fox was not entitled to a preliminary injunction against Dish Network. The […] Continue Reading →
New and Useful – July 8, 2013 · The Federal Circuit inUltramercial, Inc. v. Hulu, LLC held that the district court erred in holding that the subject matter of U.S. Patent No. 7,346,545 ('545) is not a "process" within the language and meaning of 35 U.S.C. § 101. The Federal Circuit reversed and remanded this case stating the claims were not abstract […] Continue Reading →
New and Useful – April 5, 2013 · In Power Integrations, Inc. v. Fairchild Semiconductor International, Inc. the Federal Circuit clarified several points relating to claim construction, determinations of non-obviousness, and calculation of damages. The court confirmed that claiming a “circuit” in conjunction with a sufficiently definite structure for performing the identified function is adequate to bar means-plus-function claiming. The court also […] Continue Reading →
Supreme Court Decides Foreign First Sale Doctrine The Supreme Court recentlydecided a much anticipated case, finally answering a long awaited question: Does the first sale doctrine apply to copyrighted works manufactured in other countries? According to the Supreme Court in Kirtsaeng v. John Wiley & Sons, Inc., the answer to this question is yes. John Wiley & Sons sued Supap Kirtsaeng for […] Continue Reading →