The Bottom Line The well-known rapper, musician and songwriter Megan Thee Stallion recently saddled up and successfully defeated a copyright infringement suit over her 2020 hit Savage. After taking the opportunity to amend his complaint, plaintiff James Greene, a musician and producer Continue Reading
The Copyright Crackdown Continues: Sony Music Sues Ofra Cosmetics Over Influencer and Brand Videos
The Bottom Line Halloween is supposed to be spooky, but this year, Ofra Cosmetics got quite the fright. On October 31, Sony Music Entertainment sued Ofra for copyright infringement in federal district court in Florida, alleging that Ofra’s unauthorized use of Sony recordings in over 300 Continue Reading
Ed Sheeran’s Copyright Victory: A Win for Songwriters?
The Bottom Line The Sheeran trial was a win for an individual songwriter, but the long road to victory underscores how difficult it can be for an artist to defeat a copyright claim based on similarities arising from the use of commonplace musical “building blocks.”Music producers and composers Continue Reading
Livestreaming Is Here To Stay
8th Edition: Trends in Marketing Communications Law As a result of the pandemic, livestreaming of music is booming and unlikely to go away even after in-person concerts return in full force. Brands and agencies that want to use this impactful marketing tool will need to understand the basics of Continue Reading
The Battle Over ‘Unprotectable’ Elements in Music Copyright Suits Rages On
7th Edition: Trends in Marketing Communications Law Taylor Swift and Katy Perry joined the growing ranks of famous musicians who have battled copyright infringement suits in recent years. While claims of impermissible copying are nothing new in the music business, the recent spate of suits Continue Reading
Bands and Brands Come Together for Livestream Shows during COVID-19
The Bottom Line With much of the United States and the rest of the world staying at home as a result of COVID-10, the live music industry has come to a standstill. Already a number of entertainers — from A-list acts to independent local bands — have begun to provide content via Continue Reading
What’s Going On? Another Marvin Gaye Lawsuit Tests the Limits of Copyright Protection
6th Edition: Trends in Marketing Communications Law Just when you thought it was over, another copyright infringement lawsuit involving a Marvin Gaye song is set for trial. The dust had barely settled on the infamous “Blurred Lines” case when a second suit, this time targeting Continue Reading
President Trump Signs the Music Modernization Act Into Law
The Bottom Line The Music Modernization Act is getting a lot of press, and for good reason: it is one of the most significant updates to music law in decades. While the impact of the MMA will primarily be felt by DSPs, artists and songwriters, the creation of the Mechanical Licensing Collective and Continue Reading
Practising Law Institute’s Hot Topics in Advertising Law Conference 2018
Ashima A. Dayal, Davis+Gilbert Advertising + Marketing partner, will Co-Chair Practising Law Institute’s “Hot Topics in Advertising Law 2018” and will moderate the following sessions, on June 26 in New York. “Watch What You Say: Hot Button Advertising Issues in Contract Drafting”“Listen Up! Music Continue Reading
The Ninth Circuit’s “Blurred Lines” Decision: What Advertisers Should Know
The Bottom Line The Ninth Circuit's decision in the "Blurred Lines" case raises more uncertainty in the area of music copyright law. While many experts still maintain that "style" and "groove" are not protectable by copyright, the Ninth Circuit's decision to uphold the 2015 jury verdict establishes Continue Reading