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 Although a livestreamed performance is not the same as an in-person concert experience, there are benefits to be gained by brands and bands coming together to offer content during these times when other forms of personal engagement are so hard to come by.In doing so, marketers will 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
Westlaw | State Interpretations of Copyright’s ‘Bundle of (Drum) Sticks’: The Dilemma of Pre-1972 Sound Recordings
“Nominative Fair Use” Defense May Enable Use of Another’s Trademark
4th Edition: Trends in Marketing Communications Law Certain third-party trademark uses can be deemed a "nominative fair use" that does not infringe another's trademark rights even in the absence of permission to use the other's mark. For example, "Our show will feature the GRAMMY AWARD® winning Continue Reading