Let’s be honest! Some of the best music you’ve ever heard are music collaborations. It’s one of the best ways that you can make your work original, but it is also one of the most dangerous ways to have your work stripped from you (That is, if you do not adhere to the rules of copyright law). Before remixing, sampling, and/or collaborating on music, here are four things you should know.
Robin Thicke and co-writers Pharrell Williams and Clifford Harris of this summer’s pop anthem, “Blurred Lines”, filed a lawsuit on August 15 in response to accusations by Marvin Gaye’s family and Bridgepoint Music, Inc. that the hit copies from Gaye’s 1977 single “Got to Give It Up” and Funkadelic’s 1974 song “Sexy Ways”. Bridgepoint Music owns some of the copyright for Funkadelic’s music. The Gayes and Bridgepoint have threatened to sue if the artists do not pay a monetary settlement, so Thicke, Williams and Harris are seeking declaratory relief from a Californian US District Court that would protect their from the defendants’ claims.
By Breanna Pendilton | amdlawgroup.com
Copyright law is founded upon the theory that it will promote and incentivize new works, while also giving credit to the originator. But what happens when the owner of that work, will not share it? Does that promote and incentivize new works? Lifetime has recently announced its plans to make a biopic of the late singer Aaliyah, who died tragically in a plane crash at the age of 22 in 2001. Her family, who was not contacted about the biopic, is not happy, and feels as if Aaliyah’s life was enough of a story to be told on the big screen. But what can they really do right? I mean, Aaliyah’s life, itself, is nothing but a bunch of facts. In the eyes of copyright law, facts are not copyrightable, and Aaliyah’s family does not own her life story.
Energizer Brands, LLC (“Energizer”) has been using its trademark (picture of a pink rabbit in sunglasses and with a drum) as of 1989. During the same year, the application for registration of the trademark was filed with USPTO. A year later, Duracell U.S. Operations, Inc. (“Duracell”) filed an application for its pink bunny trademark with USPTO as well.
Rod Stewart was recently sued by former photographer, Bonnie Schiffman, for injunctive relief and compensatory and punitive damages of at least $2.5 million. The complaint hinges on the allegation that Stewart has misused a photograph originally taken for the cover of his 1989 Greatest Hits album, Storyteller.
By Breanna Pendilton | amdlawgroup.com
As an author, it is ultimately your goal to make your work unique and original. One way to make your work extremely original is to combine your ideas with that of another writer and/or editor to create a joint work. As the saying goes, “Two authors are better than one!”
he U.S. District Court of Appeals for California ruled against SiriusXM last week for airing music produced prior to the 1972. The laws of federal copyrights after 1972 expanded to cover master recordings. The lawsuit was filed by band songwriters Flo & Eddie of the Turtles. They sought $100 million in damages from the satellite radio company.
8 Mile Style, a song publisher for Eminem, filed a lawsuit in May against Facebook and Wieden & Kennedy, the advertising agency behind Facebook’s “Airplane” commercial for copyright infringement. The copyrighted song in question is “Under the Influence”, a collaboration piece between Eminem and rap group D12 off “The Marshall Mathers LP”, Eminem’s third and most successful studio album to date.
A copyright is a right to prevent others from using your originally authored work. To protect their creative ingenuity, as well as to ensure that they are the only ones who can make use of and profit from their material, authors of artistic or intellectual works have their material copyrighted. Those who have copyrighted material have many exclusive rights, such as the right to reproduce the work, distribute copies to the public for sale, and perform the work. Since anything you create can be copyrighted, copyrights can protect endless types of creative work. Some examples are recorded music, books, software codes, video games, paintings, plays, or sculptures.
For the umpteenth time, Facebook is facing copyright infringement charges this week. After a Dutch family realized Facebook had very similar features to the invention made by their deceased kin, a lawsuit was issued. A Dutch programmer by the name of Jos Van Der Meer made a program that was much like a “social diary” and linked content from third party sites. He was also granted a patent for this feature in 1998, long before Facebook was even thought about. Facebook’s “like” button has this same feature allowing users to like different companies and/or products in the advertising bar on the side of the site.
Originally posted 2013-03-12 20:55:56. By Tasha Schmidt | amdlawgroup.com Have you heard of the “Harlem Shake?” The “Harlem Shake” is more than just a really popular video. Voices being heard in the background of the viral Internet hit on “Harlem Shake,” have caused quite the uproar. One of the individual’s whose voice can be heard […]
Originally posted 2013-03-08 22:33:42. By Tasha Schmidt | amdlawgroup.com Many people feel like Washington needs to give more attention and priority to intellectual property rights. Especially this time of the year as the Academy Awards has just happened, it seems like a good time of the year to recognize the billion of dollars that Hollywood […]
P.E.A. Films, Inc. is seeking to terminate MGM’s (Metro-Goldwyn-Meyer) contracts which granted licensing rights for three films headlined by Clint Eastwood (“The Good, the Bad and the Ugly” and “For a Few Dollars More”) and Marlon Brando (Last Tango). The films at issue were all produced by P.E.A.’s legendary Alberto Grimaldi. P.E.A. has filed its complaint in New York federal court against MGM, seeking damages starting at $5 million.
Imagine meeting the man or woman of your dreams. You are in bliss as the two of you undertake the journey to build a loving, and comfortable relationship. The relationship is a safe haven, a place of solace. It is so sacred that the two of you become romantically involved. You trust one another so much that harmless photos or videos are shared, and saved on each other’s mobile or media devices for future viewing. Then the unthinkable happens…a nasty break-up, someone hacks a cloud storage network, or a third party obtains the media and sells it for profit. You hear about your photo being posted on a revenge porn mogul website such as, Texxxan.com or Is Anybody Up.com. What remedies do you have? Will the legal system step in? Is the “injured party” entitled to relief?
Miami artist David Anasagasti (or “Ahol” as most people call him) has recently filed copyright infringement against clothing retailer American Eagle Outfitters. No, they did not steal his clothing designs or illegally use his music in their stores or advertisements (which would be the normal copyright infringement claim against a retail store).