Blurred Lines Songwriters Have Got to Give It Up for the Gaye Family: Pharrell Williams v. Frankie Christian Gaye; The National Law Review, April 27, 2018

Jodi Benassi, The National Law Review; Blurred Lines Songwriters Have Got to Give It Up for the Gaye Family: Pharrell Williams v. Frankie Christian Gaye

"The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a district court’s judgment after a jury trial, ruling that the song “Blurred Lines” infringed Marvin Gaye’s 1970s song “Got To Give It Up.” Pharrell Williams, et al. v. Frankie Christian Gaye, et al., Case No. 15-56880 (9th Cir., Mar. 21, 2018) (Smith, J) (Nguyen, J, dissenting)...

Judge Nguyen issued a strong dissent, stating that the decision allowed the Gayes to accomplish what no one has before: copyrighting a musical style. In her view, the two works were not objectively similar as a matter of law under the extrinsic test because they differed in melody, harmony and rhythm. She believed the majority established a dangerous precedent that strikes a devastating blow to future musicians and composers everywhere."

Madonna prevails in copyright lawsuit over 'Vogue' song; Reuters, 6/2/16

Dan Levine, Reuters; Madonna prevails in copyright lawsuit over 'Vogue' song:

"In a 2-1 vote, the 9th U.S. Circuit Court of Appeals in Pasadena, California ruled that a general audience would not recognize the 0.23-second snippet in "Vogue" as originating from the song "Love Break."

Shep Pettibone, a producer of "Vogue," also recorded "Love Break" in the early 1980's, according to the court ruling.

The plaintiff, VMG Salsoul LLC, owns the copyright to "Love Break" and alleged Pettibone sampled the "horn hit" from the earlier work and added it to "Vogue."...

The dissenting judge, Barry Silverman, said even a small sample of music, used without a license, should be a copyright violation. "In any other context, this would be called theft," Silverman wrote.

Robert Besser, a lawyer for VMG Salsoul, said in a phone interview: "I agree with the dissent because it should be an infringement for copying any piece of any sound recording." He said his client would review its legal options."

9th Circuit revisits Dancing Baby copyright case: No fair use via algorithm; Ars Technica, 3/18/16

Joe Mullin, Ars Technica; 9th Circuit revisits Dancing Baby copyright case: No fair use via algorithm:

"In September, the US Court of Appeals for the 9th Circuit issued its ruling in the "Dancing Baby" copyright takedown case, initiated by the Electronic Frontier Foundation more than eight years ago. It was a victory for the EFF, but a very mixed one. Today, the court issued an amended opinion that makes the EFF's win stronger."

Google Wins Copyright And Speech Case Over 'Innocence Of Muslims' Video; NPR, 5/18/15

Bill Chappell, NPR; Google Wins Copyright And Speech Case Over 'Innocence Of Muslims' Video:

"In a complicated legal battle that touches on questions of free speech, copyright law and personal safety, a federal appeals court has overturned an order that had forced the Google-owned YouTube to remove an anti-Muslim video from its website last year.

Both of the recent decisions about the controversial "Innocence Of Muslims" video originated with the 9th U.S. Circuit Court of Appeals. Last year, a three-judge panel agreed with actress Cindy Lee Garcia's request to have the film taken down from YouTube on the basis of a copyright claim. But Monday, the full en banc court rejected Garcia's claim.

"The appeal teaches a simple lesson — a weak copyright claim cannot justify censorship in the guise of authorship," Circuit Judge M. Margaret McKeown wrote in the court's opinion."