Take the © Train: Why a Musician’s Creative Process Should Be Considered in Music Copyright Litigation
Patricia Rezac Music copyright litigation remains fixated on evaluating basic compositional elements such as pitch, rhythm, and lyrics. Yet, as seen in Tempo Music, Inc. v. Famous Music Corp., courts may often benefit from closely examining a musician’s creative process. By focusing on a musician’s creative process in addition to traditional standards for originality, courts could more effectively determine whether or not a musician has violated a copyright protection. This method would reduce technical complications arising from music copyright claims, create appropriate standards across genres, and introduce a potential solution for copyright issues in the age of digital music. Read Full...
Happy Birthday to You’: The World’s Most Famous Celebratory Song’s Copyright Challenged
Kena Patel It is a well-known adage that the best things in life are free, but how true could this be with a copyright looming over the “Happy Birthday to You” song’s head? On September 22, 2015, a U.S. District Court in California freed “Happy Birthday to You” by ruling on the case Marya v. Warner/Chappell Music, Inc. and declaring Warner/Chappell’s copyright invalid. Although the song is widely known by all, many individuals do not know that “Happy Birthday to You” was copyrighted at all, let alone know that Warner/Chappell was making $2 million a year from ownership. The history...
Digital Sampling of Music and Copyrights: Is It Infringement, Fair Use, or Should We Just Flip a Coin?
Christopher C. Collie; Eric D. Gorman D.J. Girl Talk is one of the budding artists in the music industry today, and his instrument is a laptop. D.J. Girl Talk (hereinafter also referred to as “Girl Talk”), whose real name is Gregg Gillis, “samples,” or uses short clips, from other artists’ songs to create popular dance music. Girl Talk’s songs combine old, contemporary, and downright odd genres of music. Within these different genres, he samples from artists such as Clipse, Kelly Clarkson, and Hot Chip. At his live concerts, D.J. Girl Talk leads massive crowds who dance non-stop to his songs....
The Unlitigated Case: A Study of the Legality of Guitar Tablatures
James T. Tsai Guitar tablature Web sites have been the subject of recent cease-and-desist letters, forcing most to shut down. Litigation has been side-stepped with the arrival of new creative means to continue operation. The case that may have gone to court is discussed here, ranging from the appropriate legal claims of copyright infringement to the fair-use-defense arguments that would have been made. Policy solutions are considered to resolve the tension between the public’s desire to use such tablatures and the copyright owners of the original artists. Read Full Text Here
The Trademark Registrability of the Harley- Davidson Roar: A Multimedia Analysis
Michael B. Sapherstein Harley-Davidson’s most recent endeavor to secure trademark protection is not only its most unconventional, it is also arguably, the most unusual and provocative trademark application ever filed with the U.S. Patent and Trademark Office (PTO). On February 1, 1994, Harley filed a registration for a trademark, then already in use, with the following description: “THE MARK CONSISTS OF THE EXHAUST SOUND OF APPLICANT’S MOTORCYCLES, PRODUCED BY V-TWIN, COMMON CRANKPIN MOTORCYCLE ENGINES WHEN THE GOODS ARE IN USE.” Put simply, Harley was attempting to trademark the sound of its motorcycles; which, of course, begs the question, can a...