Can My Band Cover Another Famous Song? — No Infringement Intended Podcast
Why Did Taylor Swift Re-record Her Albums? – No Infringement Intended Podcast
Taylor's Version: El Derecho de Artistas en la Industria Musical
Entertainment Law Update Episode 160 – August/September 2023
5 Key Takeaways | IP: Beyond the Basics
The Trump administration’s challenge of Maine’s policy allowing transgender athletes to compete in girls’ sports will provide an unusual test of a federal anti-discrimination law and could take years to resolve....more
In this episode, Rusty Close and Austin Padgett discuss what happens when one band wants to record another band's song and the special rules of copyright that go along with it. They explore the copyright owner's control over...more
The National Football League has paid more than $1.3 billion to settle claims from former professional athletes who suffered neurological damage due to concussions sustained while playing, with 4% of that earmarked for their...more
In this episode, Rusty Close and Austin Padgett discuss why Taylor Swift re-recorded her original six albums. They explain the distinction between publishing rights and master recording rights, noting that Swift owned the...more
Diego Pavia became the latest college athlete to sue the NCAA. While many past NCAA lawsuits have concerned NIL, the Vanderbilt football quarterback is seeking an extra year of eligibility. His argument, in court documents...more
In the entertainment industry, Sony Music asserted that AI companies don’t have permission to use its recording artists’ works for AI training. In response to the industry’s concerns over the use of AI, members of Congress...more
Sports betting stocks were jolted in early action on Tuesday after the Illinois State Senate passed a bill on Sunday proposing higher taxes on online sports betting operations. Under the new proposal, online sports betting...more
The US Court of Appeals for the Second Circuit affirmed the dismissal of a copyright infringement claim by one rap artist against another on the grounds that the plaintiff failed to register the work in question. The Court...more
The US Court of Appeals for the Fifth Circuit affirmed a district court’s summary judgment grant to an alleged song copier, finding neither evidence of factual copying nor striking similarity between the two songs. Kirk...more
Anyone who has ever browsed Instagram® or TikTok® (or any parent with phone-addicted kids) realizes that music is an integral part of short-form video social media. Content creators record a few minutes or even a few seconds...more
It’s hard to keep up with the ferment of controversy bubbling around OpenAI and its compatriots in the generative AI business. Lawsuits, lawsuits, lawsuits. Regulatory probes. Outright bans by sovereign nations. But when, by...more
The music industry has begun cracking down on brand owners’ and influencers’ unlicensed use of songs in social media posts through the filing of several lawsuits over the past few months. The lawsuits have largely targeted...more
Kilpatrick Townsend's Crystal Genteman recently presented "IP: Beyond the Basics" for the Association of Corporate Counsel Georgia Chapter. These are the 5 key takeaways from her presentation....more
The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more
The United States Supreme Court recently denied certiorari in Johannsongs-Publishing, Ltd. v. Peermusic Ltd., et al, bringing an end to a copyright infringement suit relating to Josh Groban’s 2003 song You Raise Me Up....more
Die Verwendung fremder Fotografien kann urheberrechtlich problematisch sein. Das gilt auch, wenn fremde Bilder bearbeitet werden. Doch wann genau benötigt man die Erlaubnis des Urhebers für eine Bearbeitung und wann nicht?...more
Songs often share components that sound similar to one another, which frequently raises the question of whether copyright infringement has occurred. On March 10, 2022, the U.S. Court of Appeals for the Ninth Circuit held—in a...more
Fly Havana and Fat Joe are heading “All the Way Up” to the Second Circuit for “Another Round.” Earlier this month Fly Havana appealed New York District Court Judge Naomi Reice Buchwald’s conclusion that Fly Havana had...more
We previously reported on the Marcus Gray, et al. (“Gray”) v. Katheryn Hudson, et al. (“Perry”) case on August 2nd and August 15th of 2019. When we initially reported the details of this case, Gray was awarded damages to...more
Roc-A-Fella Records (“RAF”) owners Jay-Z and Damon Dash are clashing over Dash’s plans to sell an NFT (“nun-fungible token”) representing either a 1/3 share of the copyright to Jay-Z’s album Reasonable Doubt (if you believe...more
In a recent ruling by the Regional Court Hamburg (Case No. 308 O 431/17), the court awarded the heirs of children's book author Astrid Lindgren a right to information ...more
You've heard it, you likely love it, and it's probably the first melody that you ever tried to learn on the guitar to impress your friends. "Stairway to Heaven" has been called the greatest rock song of all time by music...more
On May 21, 2020, the Copyright Office issued a Report on the DMCA (“Report”) expressing the view that case law applying the DMCA’s safe harbor provision have fallen out of balance, tilting too far in favor of online platforms...more
If I attribute a song or book to its author when I use it on my website, it’s okay to use the material, right? No, you have possibly committed copyright infringement. Even the most well-intentioned use of another’s...more
We recently wrote about Led Zeppelin’s victory at the Ninth Circuit in the dispute over “Stairway to Heaven.” Although just a few weeks old, the decision has already been applied in a music case to find non-infringement,...more