Following up my colleague Lori Kozak’s blog post from almost one year ago, the Asian-American rock band known as “The Slants” had their day in the highest court of the land on January 18, 2017. The U.S. Supreme Court heard oral arguments from the band’s attorneys that the group’s name should not be barred
Is “This Land Is Your Land” Freely “Made for You and Me”?
Monica Bral writes:
The rights to “This Land is Your Land”, one of America’s most famous folk songs, is in dispute. The outcome of a dispute about whether the song is in the public domain could change forever how this and potentially other historic songs are used.
On June 14, 2016, Plaintiffs James Saint-Amour and
Lemonade and Tidal: Is Beyoncé’s “Window” Album Release Strategy the Way to Go?
Natasha Gill writes:
In an increasingly tough consumer market, even successful artists like Beyoncé are looking beyond traditional album release methods for new ways to maximize their sales and limit free consumer access. Although album release dates are normally announced months in advance and
USPTO Requests Supreme Court Review in Section 2(a) Disparagement Case
Lori Kozak writes:
As anticipated, the USPTO filed a petition for a writ of certiorari, seeking Supreme Court review of the CAFC’s decision in In re Tam which held that the disparagement provision of Lanham Act 2(a) is unconstitutional as a violation of the
CAA v UTA: The Battle Continues…
Earlier this year, several agents from CAA made headlines by leaving the powerhouse agency for smaller rival UTA. It was the largest mass exodus of agents from CAA since 1995. Two days later, CAA filed a lawsuit in Los Angeles Superior Court accusing UTA and two agents of conspiring to interfere with CAA’s contractual relationships.
Ray Charles Case to Set Important Copyright Termination Precedent
The 9th Circuit is set to decide an important case involving the children of Ray Charles and the charitable foundation to which Mr. Charles willed his right to receive royalties from his music publishing agreement with Warner-Chappell Music. With more artists and their heirs terminating prior assignments of copyrights, this case will either help affirm
“Blurred Lines” Verdict: Will Artists Start Hiring Clearance Counsel?
The music and IP communities are still buzzing over a jury’s decision that Robin Thicke’s and Pharrell Williams’s song “Blurred Lines” infringed a Marvin Gaye song to the tune of $7.4 million. Whether and how this may affect musical artist in the future remains to be seen, but Fox Rothschild IP litigator Jeff Kravitz was
An Important Verdict For Co-Authors Surrounding Copyright Termination
Amidst the brouhaha surrounding the Gaye copyright infringement trial these past two weeks, another important case was decided that also impacts songwriters, this time with respect to termination rights. A federal jury in California found on March 5, 2015 that Village People singer-songwriter Victor Willis could reclaim fifty percent of the copyright in several of
Public Performance Primer
These days, it’s hard to imagine a restaurant or bar experience that is not accompanied, in some part, by music. Music can be essential to create the personality of an establishment. It’s no surprise, therefore, that the owner of a bar or restaurant will invest a lot of energy in choosing just the right music,
Morals Clauses: Protecting Both Brands
Many agreements in the entertainment industry contain morals clauses. These are provisions that provide a party with the right to terminate the agreement (and stop paying or even receive a partial refund of money already paid) in the event that any individual violates the provision. Morals clauses are especially important in endorsement agreements, because the