On January 15th, the Department of Justice announced it has ended its two-year review of the 80-year old consent decrees that govern the operation of the largest music performing rights organizations in the United States: ASCAP (American Society of Composers, Authors and Publishers) and BMI (Broadcast Music, Inc.). The DOJ decided not to
Ninth Circuit Vacates Verdict in Stairway to Heaven Copyright Action: Missteps in Jury Instructions Result in Remand for New Trial
Among copyright lawyers, Stairway to Heaven may become known not just for its abstract lyrics and acclaimed guitar solo, but also for the legal rulings that upended a jury verdict of non-infringement and sent the parties back to the District Court for a second trial to determine if the classic Led Zeppelin song was the
Can Congress Do Something Right? The Music Modernization Act and Why It Matters
John Simson writes:
The House of Representatives unanimously passed the Music Modernization Act last week by a vote of 415-0! Imagine our divided Congress passing anything with no opposition. This is actually not uncommon with music industry issues when the interests of both the major user companies and major owner companies align so there is
Coachella Organizers Challenge Use of “Filmchella” for Film Festival
Fox associates Megan Center and Elizabeth Patton wrote a duo of posts for Fox’s advertising law blog Above the Fold examining a trademark dispute surrounding the term “Coachella.” The case relates to entertainment festivals not associated with the organizers of the well-known annual event in Indio, California. As Megan lays out in her post:
Erin M. Jacobson: How Spotify Has Waged War With The Music Industry
Los Angeles-based IP lawyer Erin M. Jacobson recently penned a piece describing the ongoing dispute between members of the music industry and music streaming service Spotify, and arguing against Spotify’s attempts to limit the type of licenses it must obtain from copyright holders in order to maintain the service. She outlines the series of copyright
Some Essential Facts About Music Performance Rights Organizations
1. Registration of a song with a PRO does not provide any copyright protection.
The most common misunderstanding I encounter from songwriters is that registering their songs with one of the U.S. music performance rights organizations (“PROs”), i.e. ASCAP, BMI, SESAC or GMR, gives the songwriter some protection of their intellectual property rights in their
Bob Gaudio Tells Spotify To Walk Like a Man
Spotify, the world’s largest music streaming service, was sued last week for over $366 million by two music publishers, Bluewater Music Services in Nashville and a group of companies affiliated with Bob Gaudio, the award-winning songwriter and member of Franki Valli and the Four Seasons.
Each plaintiff claims in their lawsuit that Spotify failed to
The Right Rights For Your Broadway Jukebox
The Jukebox musical is alive and well and living on Broadway. From the songs of Gloria Estefan to Carole King, from Frankie Valli to Abba, we are amidst a 20-year old trend to present pop music’s biggest hits on the live theatrical stage. Indeed, blockbusters like Jersey Boys, Mamma Mia and Rock of Ages
Supreme Court: The Slants Keep Their Name – “Disparagement” Clause Violates the First Amendment
Charlie Nelson Keever writes:
The Supreme Court ruled this morning that a federal law that prohibits the government from registering trademarks that “disparage” others violates the First Amendment.
Members of an Asian-American rock band filed a lawsuit after the U.S. Patent and Trademark Office (PTO) kept the band from registering its name, The Slants, a
The Eagles Say Suite Dreams to Hotel California in Trademark Infringement Suit
The iconic American rock band The Eagles released its platinum album “Hotel California” in December of 1976. It sold more than 32 million copies worldwide and its title track “Hotel California” achieved legendary status. Over four decades later, it appears the “lovely place” on a “dark desert highway”