Intellectual Property

Recent Posts

Would You Want William Hung+ as Your Trier of Fact? The Case for a Specialized Musicology Tribunal
Posted on 22 Jun 2012 by Copyright & Trademark Law Community Staff

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... Read More

Fair Use & the Quotation of Song Lyrics in Fiction
Posted on 13 Aug 2012 by Copyright & Trademark Law Community Staff

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,... Read More

Moral Rights of Composers: The Protection of Attribution and Integrity Available to Musicians in the European Union and the United States
Posted on 20 Mar 2012 by brian.scanlon placeholder

By Tanja Makovec Petrik* *Owner of Petrik Law Firm, New York; LL.M., Fordham University School of Law; LL.B., University of Ljubljana Law Faculty. Excerpt from Moral Rights of Composers: The Protection of Attribution and Integrity Available to... Read More

Licensing: The Sequel - The Intellectual Property Lecture Series at Suffolk University Law School
Posted on 6 Jan 2011 by Copyright & Trademark Law Community Staff

"Licensing: The Sequel" (Part 1 - December 20) At 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... Read More

New Legislation and Consumer Education May Help Stem Digital Piracy
Posted on 3 Jul 2012 by Copyright & Trademark Law Community Staff

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... Read More

Beware the Copyright Boogeyman: He Might Be Listening in Your Restaurant
Posted on 6 Mar 2012 by Travis Burchart

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... Read More

Sands Anderson PC: A Man Walks into a Bar…And Sues for Copyright Infringement
Posted on 12 Mar 2012 by Sands Anderson PC

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... Read More

S.D.N.Y. issues decision on Bob Marley copyright claim: FREE DOWNLOAD - Opinion, Fifty-Six Hope Rd. Music Ltd. v. UMG Recordings (Sept. 10, 2010)
Posted on 15 Sep 2010 by Copyright & Trademark Law Community Staff

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... Read More

Moral Rights of Composers: The Protection of Attribution and Integrity Available to Musicians in the European Union and the United States
Posted on 20 Mar 2012 by Copyright & Trademark Law Community Staff

By Tanja Makovec Petrik* *Owner of Petrik Law Firm, New York; LL.M., Fordham University School of Law; LL.B., University of Ljubljana Law Faculty. Excerpt from Moral Rights of Composers: The Protection of Attribution and Integrity Available to... Read More

S.D.N.Y. issues decision on Bob Marley copyright claim: FREE DOWNLOAD - Opinion, Fifty-Six Hope Rd. Music Ltd. v. UMG Recordings (Sept. 10, 2010)
Posted on 15 Sep 2010 by Copyright & Trademark Law Community Staff

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... Read More

Sands Anderson PC: Girls Gone Wild: Trademark Infringement or Publicity Stunt?
Posted on 13 Feb 2012 by Sands Anderson PC

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... Read More

Is Your Favorite Talent Competition a Product of Infringement? Recent Pro Se Complaint Claims Creation of American Idol, Dancing with the Stars, So You Think You Can Dance, and America’s Got Talent
Posted on 1 Aug 2011 by Travis Burchart

It's one for the ages. Could television's greatest talent competitions all be the product of infringement? One man asserts they are. In July, Australian Paul Thayil filed a pro se complaint in the Southern District of New York, accusing... Read More

Trademark Infringement Claimed by Christian Rockers
Posted on 14 Aug 2012 by Lee Berlik

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... Read More

Recording Academy Sues Gospel Awards Show over Grammy Mark
Posted on 16 Aug 2012 by Copyright & Trademark Law Community Staff

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... Read More

What’s Wrong with Musical Adaptations of French Songs and Their Ensuing Rights?
Posted on 24 Jul 2013 by Annabelle Gauberti

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... Read More