On September 10, the United
States District Court for the Southern District of New York issued its decision
in the case of Fifty-Six Hope Road Music Ltd., v UMG Recordings, Inc. (2010
U.S. Dist. LEXIS 94500) [ enhanced
version available to lexis.com subscribers ], denying a claim by the heirs of
The Sequel" (Part 1 - December 20)
Suffolk University Law School in
Boston, Copyright Clearance Center
joined with the school and LexisNexis
on November 8, 2010 to present The Intellectual Property Lecture Series. In
this first of two installments presenting "Licensing...
for the ages. Could television's greatest talent competitions all be the
product of infringement? One man asserts they are.
Australian Paul Thayil filed a pro se complaint in the Southern District of New
York, accusing various defendants (Including Fox, Simon Cowell,...
Imagine Newt Gingrich in Rocky 3 ... the gray headed
politician slugging it out with Mr. T, Survivor's theme song, Eye of the Tiger, playing (but with the
lyrics a little different):
It's the eye of the Newt
It's the thrill of the fight
Risin' up to the challenge
Of our Romney ...
By: Donna Ray Berkelhammer
Did Madonna infringe the Girls Gone Wild video series trademark by recording a song with the same name? Probably not, but (with the typical lawyer disclaimer) it depends.
Girls Gone Wild is a video series where young women (usually at Spring Break or Mardi Gras parties...
It goes without saying that an establishment's music is
there for the listening patrons. But amongst those patrons - beware! The audience
might contain an infiltrator - a listening witness. And while this witness might
not be the boogeyman's equivalent, he or she could prove very scary in...
By: Donna Ray Berkelhammer
Based on recent questions from our clients, many business owners are unclear that they can't necessarily play commercial radio stations, broadcast their personal Ipod® playlist or show sports events from live TV at work.
Many people understand "copyright"...
By Tanja Makovec Petrik*
*Owner of Petrik Law Firm, New York;
LL.M., Fordham University School of Law; LL.B., University of Ljubljana Law
Excerpt from Moral
Rights of Composers: The Protection of Attribution and Integrity Available to
Musicians in the European Union and the United...
By Eric M. Leventhal
+ The author is not blind to the possibility that this reference will be dated before it has even been made. (Indeed, that would be both appropriate and ideal.) William Hung is the Chinese-American University of California, Berkeley civil-engineering student whose off-key rendition...
As the entertainment and software industries struggle with the widespread problem of digital piracy, the U.S. government is wrestling with ways it can address the epidemic without infringing on free speech.
Recent attempts to address the problem-including the Stop Online Piracy Act (SOPA) and the...
By Stephen B. Harrison *
*Notes Editor, Washington University Law Review; J.D. candidate, Washington University School of Law 2013.
Excerpt from Fair Use & the Quotation of Song Lyrics in Fiction , 11 Chi.-Kent J. Intell. Prop. 214 (Spring, 2012).
The question applies to a...
The Newsboys , a Christian rock music group, has filed a trademark infringement lawsuit against the New Boyz rap duo, claiming that despite the contrasts in musical styles and lyrics, the similarity in the bands' names will cause confusion among its fans. Sounds legit , right?
Actually, as ill...
On Monday, the National Academy of Recording Arts &
Sciences (The Academy) accused the Black Essence Grammy Awards (BEGA) of
trademark infringement. Despite The Academy's efforts and demands, BEGA formed as
a Michigan non-stock corporation, thereby incorporating Grammy/Grammy Awards into
As a talented songwriter, have you ever been tempted to adapt and arrange that gracious French song, currently playing on a local radio in an exotic place?
Well, if you have ever contemplated that option, I suggest that you think about it twice and be prepared to jump through hoops to make this adaptation...