Copyright Law

Subscribe to Copyright Law via RSS

By: Zachary Wadlé

On April 14, 2012 in Cleveland, Ohio, iconic rock band Guns N’ Roses will be inducted into the Rock and Roll Hall of Fame.  The induction comes 25 years after original members Axl Rose (lead vocals), Saul Hudson aka “Slash” (lead guitar), Izzy Stradlin (rhythm guitar), Duff McKagan (bass), and Steven Adler (drums) released their debut album, Appetite for Destruction, which sold more than 28 million copies worldwide and ranks as the best-selling debut album ever.  After a meteoric rise in popularity, the original lineup began to break up in the early 1990’s due to problems with substance abuse by various band-members and acrimonious infighting over the creative direction of the group.  This ultimately led to Axl Rose gaining sole control of all Guns N’ Roses intellectual property and its musical catalog, but also becoming estranged from the original members.  Today, Rose tours as Guns N’ Roses along with a group of new musicians who perform many of the band’s original tunes, along with the band’s new material from its most recent album, Chinese Democracy.

Rock and Roll Hall of Fame inductees traditionally perform a short set during the induction ceremony.  In years past, long-separated bands such as The Police and The Eagles have put aside their differences during the ceremony for a one-time-only reunion performance.  News of Guns N’ Roses’ induction has naturally produced speculation that the original lineup may reunite for the ceremony, which would be a highly anticipated event among the 30 and 40-something rock music crowd.  The only stumbling block appears to be continued animosity between Rose and Slash, which has resulted in multiple public spats and lawsuits over the years. Continue Reading All we need is just a little (more) patience — Sync license dispute threatens to derail any hope of Guns N’ Roses Reunion Show

By: David Muradyan

 

Restaurants, bars, night clubs and similar establishments who play copyrighted music or have live performers play the compositions from copyrighted music should pay particular attention to a recent Ninth Circuit case, where the court awarded plaintiffs statutory damages as well as substantial attorney’s fees.

In Range Road Music, Inc. et al. v. East Coast Foods, Inc. et al., 10-55691, 2012 WL 502510 (9th Cir. 2012), several music companies (“Music Companies”) who owned copyrights to certain songs and who were members of the American Society of Composers, Authors, and Publishers (“ASCAP”) sued East Coast Foods, Inc. and its principal shareholder and sole officer and director, Herbert Hudson, for copyright infringement arising out of musical performances of eight copyrighted works at one of East Coast’s locations. (ASCAP is a performing rights society that licenses the music of its members and collects royalties whenever that music is performed publicly). East Coast owned and operated the Roscoe’s House of Chicken and Waffles chain of restaurants in Southern California, including the Long Beach, California location. Shortly after the Long Beach location opened and for a period of seven years thereafter, ASCAP contacted East Coast to offer it a license to perform music by ASCAP members, but East Coast refused. As a result, ASCAP engaged Scott Greene, an independent investigator to visit the location and investigate whether copyright infringement was occurring at the venue. Greene visited Roscoe’s and conducted an investigation of the various musical compositions that were performed, and submitted his report to ASCAP, concluding that copyright infringement occurred with respect to eight songs owned by the Music Companies. Continue Reading Restaurants and Bars Beware: Failure to Obtain a License to Play a Copyrighted Music May Expose you to Substantial Damages

By: James Kachmar

In late December, the Ninth Circuit revisited the “safe harbor” provisions of the Digital Millennium Copyright Act (“DMCA”) in the case UMG Recordings, Inc. v. Veoh Networks, Inc., 101 U.S.P.Q.2D (BNA) 1001. Veoh is a web service that allows users to view videos uploaded by other users.   Veoh was sued for copyright infringement by UMG, one of the world’s largest music and music publishing companies. 

Before a user can upload and share a video, on Veoh’s site, he/she must agree to Veoh’s publisher terms and conditions and terms of use, both of which bar the user from uploading any videos that infringe on another’s copyrights. Also immediately prior to uploading a video, a message appears on Veoh’s website warning the user not to upload infringing videos. Continue Reading Revisiting the “Safe Harbor” Provisions of the DMCA

By: David Muradyan

 

The Copyright Act of 1976 provides copyright protection for original works of authorship fixed in any tangible medium of expression forthe owner’s literary, musical, artistic and other works. Owners of copyrights have a number of exclusive rights, including the right to reproduce the copyrighted work in copies, to prepare derivative works based upon the work, and to distribute copies of the work to the public by sale or other transfer of ownership. One who uses another’s copyrighted material without permission from the copyright owner may be liable for copyright infringement, unless that person can demonstrate that the use was “fair use,” which is an affirmative defense to copyright infringement. 

 

Copyright and Copyright Infringement

 

The Constitution authorizes the Congress "[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." U.S. Const., Art. I, § 8, cl. 8. In exercising this power, Congress must balance “the interest of authors and inventors in the control and exploitation of their writings and discoveries on the one hand, and society’s competing interest in the free flow of ideas, information, and commerce on the other hand.” Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417, 429 (1984). Congress crafted a comprehensive statutory scheme governing copyrights with the enactment of the Copyright Act. Continue Reading The “Fair Use” Doctrine in Copyright Infringement Actions

By Zachary Wadlé

On Oct. 26, 2011, the Stop Online Piracy Act “SOPA” (H.R. 3261) was introduced in the United States House of Representatives. One of SOPA’s primary goals is to address the continuing problem of online digital piracy of counterfeit movie, music, and other copyrightable works engaged in through foreign websites. 

The 1998 Digital Millennium Copyright Act (DMCA) and the Copyright Act of 1976 are the primary existing U.S. laws that address copyright infringement, but both have limited ability to address foreign based websites that engage in digital piracy. SOPA attacks this problem by giving both government officials and copyright owners new powers to target foreign websites and infringers through the search engines, web hosts, and payment system providers that allow foreign websites to reach the U.S. market. Continue Reading Hollywood and Silicon Valley Spar Over Proposed “Stop Online Piracy Act”