30 Sep, 2024 Trump in a “River of Trouble” for Infringing Copyright in Classic Isaac Hayes Song By Brian Murphy Since 2020, Donald J. Trump and his campaign organization have regularly played the Sam & Dave classic “Hold On, I’m Comin’” at campaign...
16 Aug, 2024 Predictably, an Oral License to Use Beat Track in Song Results in Copyright Infringement Case By Brian Murphy Plaintiff Brian White is a professional musician who writes and records beat tracks that he sometimes licenses to other artists. (We Got...
17 Nov, 2022 Copyright, Clearances and Concert Recordings: ABKCO Music, Inc. v. Sagan By Brian Murphy Bill Graham was one of the great concert promoters of the twentieth century. During a career that spanned from the late 1960s until his...
15 Mar, 2022 How Does That Song Go Again? Lyrics Database's Claims Alleging "Scraping" in Violation of TOS Preempted by Copyright By Brian Murphy Be honest. Were you as puzzled as I the first time you (mis)heard Taylor Swift, in "Blank Space," singing about “all the lonely Starbucks...
17 Jan, 2022 Rapper Fat Joe Lost the Signed Contract ... But Still Wins Case Over Ownership of "All the Way Up" By Brian Murphy Lawyers often tell clients: put it in writing. A corollary, which often goes unsaid (but perhaps shouldn't), is: save a copy. This case...
24 Dec, 2021 Works from 1926 (and Pre-1923 Sound Recordings) Enter the Public Domain in the U.S. By Brian Murphy On January 1, 2022, all literary works, compositions, and films first published in 1926, and all pre-1923 sound recordings, will enter...
07 Dec, 2021 Ninth Circuit Affirms Holding that "You Raise Me Up" is Not Substantially Similar to "Söknuður" By Brian Murphy In an unpublished, summary decision, a panel of the Ninth Circuit affirmed the lower court’s determination that the composition You Raise...
09 Sep, 2020 Performing a DNA Test on Lizzo's "Truth Hurts": Joint Works and Derivative Works Under Copyright By Brian Murphy WARNING: A certain five-letter word that rhymes with the word "snitch" - one that many (my mother included) consider to be a four-letter...
06 Jul, 2020 Forever(ly) Brothers, Forever(ly) Rivals: The Everly Brothers' Epic Battle Over Authorship of "Cathy's Clown" By Brian Murphy Cain and Abel. Romulus and Remus. Queen Elizabeth I and Queen Mary I. Joan Fontaine and Olivia de Havilland. J.R. and Bobby Ewing. Liam...
30 May, 2020 Nothing "Fishy" About Use of Children's Song "Fish Sticks n' Tater Tots" in Documentary about Burlesque Dancers, Court Rules By Brian Murphy Fish Sticks n' Tater Tots. A typical lunch during Lent in a Catholic grammar school. Also the title of a children's song written by the...
11 Apr, 2020 Söknuður! By Brian Murphy First there was Led Zeppelin. A few weeks later, Katy Perry. And now Josh Groban. All music copyright cases, all from courts in the Ninth...
05 Apr, 2020 Copyright Protection for the Selection and Arrangement of Uncopyrightable Elements: Gray v. Perry By Brian Murphy In 2016, Christian rapper Marcus Gray (p.k.a FLAME) and his co-authors filed a lawsuit alleging that the song "Dark Horse" written by...
29 Mar, 2020 R.I.P. Inverse Ratio Rule: Skidmore v. Led Zeppelin By Brian Murphy Skidmore v. Led Zeppelin - a case about the opening licks of Led Zeppelin’s Stairway to Heaven - has been wending its way through courts...
03 Mar, 2020 I’m in Love With My Car (and the Digital Audio Recording Device Embodied Therein) By Brian Murphy In the late 1980s, the music industry faced what it considered, at the time, to be an existential threat. A new category of digital...
06 Jan, 2020 JPC Requests Industry Input Ahead of Upcoming AFofM Negotiations By Mma Afoaku Although the American Federation of Musicians Commercial Announcements Agreement expired in early December, the Joint Policy Committee...
26 Sep, 2019 The AFofM Contract - Extension and Upcoming Negotiations By Brian Murphy The ANA-4A’s Joint Policy Committee on Broadcast Talent Union Relations (the “JPC”) and the American Federation of Musicians have...