In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the videos from being uploaded to the Internet. Scott and Josh discuss how copyright law, the DMCA, and fair use

In December 2019, Scott Hervey wrote about the copyright infringement lawsuit filed against Taylor Swift by the writers of the song “Playas Gon’ Play.”  The song was released by the girl group 3LW in 2001 and included the lyrics “Playa, they gonna play / And haters, they gonna hate.”  In 2014, Taylor Swift released “Shake It Off,” which included the lyrics “Cause the players gonna play, play, play, play, play / And the haters gonna hate, hate, hate, hate, hate.”

Continue Reading Taylor Swift Keeps Fighting the ‘Players’ and the ‘Haters’

This week on The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the copyright lawsuit over a Black Mirror episode starring Miley Cyrus, the plot of which filmmaker Geoffrey Blair Hajim said was lifted from his film “Strange Frame: Love and Sax.”

View the episode on the Weintraub Tobin

Over the past few weeks, there have been a number of news articles and stories about police officers playing popular music during a citizen/officer interaction that is being filmed by the citizen.  For example, Vice reported on a Beverly Hills police officer breaking out his phone and playing over a minute of Sublime’s “Santeria” when the officer discovered that his interaction with a well-known LA-area activist was being live-streamed by the citizen via Instagram.  Similarly, Mashable reported that an Alameda County Sheriff’s deputy played a Taylor Swift song during an encounter.  Why is this happening?  There seems to be a belief that police service, when paired with a musical interlude, will prevent a recording of the interaction from being posted on social media due to algorithms that detect and remove videos incorporating copyrighted music (among other types of content).

Continue Reading Don’t Film So Close To Me: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?

In this week’s episode of The Briefing from the IP Law Blog, Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol’s series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). They provide a recap of last week’s episode, which covers the Second Circuit decision