Trump Loses Copyright Suit Over ‘Electric Avenue’ 2020 Campaign Video In Summary Judgement; TechDirt via Above The Law, September 27, 2024

TechDirt via Above The Law; Trump Loses Copyright Suit Over ‘Electric Avenue’ 2020 Campaign Video In Summary Judgement

"During what was essentially a multi-year advertisement for just how absolutely petty, stupid, and disingenuous a political system could possibly be, the 2020 American presidential election also featured a video sent out by the Trump campaign on social media that resulted in a copyright infringement lawsuit. You can see below a news clip that features the video, which is an admittedly fairly funny poke at his then rival, Joe Biden, but which also uses a healthy chunk of the Eddy Grant song Electric Avenue within it.

The Trump campaign used the music without permission. That appears to have pissed off Eddy Grant, who filed a copyright infringement lawsuit against the Trump campaign as a result...

In this case, however, there is no defending this through venue licenses. The song wasn’t played in a venue at all. It was played in a campaign video tweeted out by the campaign. As a result, the Trump campaign’s defense was instead fair use. And, as I detailed in my original post above, the fair use defense in this case is fairly laughable.

The judge overseeing the case apparently agrees, having found for Eddy Grant on summary judgement."

Trump campaign ordered to stop using classic R&B song; Associated Press via Politico, September 3, 2024

 Associated Press via Politico; Trump campaign ordered to stop using classic R&B song; Associated Press via Politico

"A federal judge in Atlanta ruled Tuesday that Donald Trump and his campaign must stop using the song “Hold On, I’m Comin’” while the family of one of the song’s co-writers pursues a lawsuit against the former president over its use.

The estate of Isaac Hayes Jr. filed a lawsuit last month alleging that Trump, his campaign and several of his allies had infringed its copyright and should pay damages. After a hearing on the estate’s request for an emergency preliminary injunction, U.S. District Judge Thomas Thrash ruled that Trump must stop using the song, but he denied a request to force the campaign to take down any existing videos that include the song."

Trump and Associates Set to Face Isaac Hayes’ Estate in Court Over Use of Songwriter’s Music; The Hollywood Reporter, August 26, 2024

 Kevin Dolan, The Hollywood Reporter; Trump and Associates Set to Face Isaac Hayes’ Estate in Court Over Use of Songwriter’s Music

"Team Trump and multiple associations and organizations affiliated with the former president will finally have to appear before a judge to explain its unauthorized use of popular music at the GOP candidate’s rallies and events, which has gone on for years but is being threatened by the estate of recording legend Isaac Hayes, which was granted an emergency injunction in its lawsuit against the former president, according to a Friday social media post from the songwriter’s son.

Team Trump and multiple associations and organizations affiliated with the former president will finally have to appear before a judge to explain its unauthorized use of popular music at the GOP candidate’s rallies and events, which has gone on for years but is being threatened by the estate of recording legend Isaac Hayes, which was granted an emergency injunction in its lawsuit against the former president, according to a Friday social media post from the songwriter’s son."

The beats go on: Trump keeps dancing as artists get outraged over his use of their songs; USA TODAY, August 13, 2024

 Jonathan Limehouse, USA TODAY; The beats go on: Trump keeps dancing as artists get outraged over his use of their songs

"Here are some of the songs that have created issues for Trump on the campaign trail, and how music copyright laws impact these claims."

AI song generators face legal scrutiny accused of copyright infringement. How it affects our musicians.; News Channel 5 Nashville, August 1, 2024

Aaron Cantrell, News Channel 5 Nashville; AI song generators face legal scrutiny accused of copyright infringement. How it affects our musicians.

"Last month, the Recording Industry Association of America filed a lawsuit against developers of AI song generators for copyright infringement.

Lance Yarlott, a passionate musician, shared his thoughts on the matter...

His band prepared for their last rehearsal before recording in a studio on Middle Tennessee State University’s campus. Many songs come to life in a recording studio, however, they are no longer the only option.

There's been a surge of people using AI song generators from start-up companies like Suno and Udio...

MTSU copyright law professor and entertainment attorney Denise Shackelford explained the legal issues...

This year, Tennessee became the first state to protect musicians and other artists against AI, thanks to the Ensuring Likeness Voice and Image Security Act, or ELVIS Act for short."

Music labels' AI lawsuits create copyright puzzle for courts; Reuters, August 4, 2024

Blake Brittain, Reuters; Music labels' AI lawsuits create copyright puzzle for courts

"Suno and Udio pointed to past public statements defending their technology when asked for comment for this story. They filed their initial responses in court on Thursday, denying any copyright violations and arguing that the lawsuits were attempts to stifle smaller competitors. They compared the labels' protests to past industry concerns about synthesizers, drum machines and other innovations replacing human musicians...

The labels' claims echo allegations by novelists, news outlets, music publishers and others in high-profile copyright lawsuits over chatbots like OpenAI's ChatGPT and Anthropic's Claude that use generative AI to create text. Those lawsuits are still pending and in their early stages.

Both sets of cases pose novel questions for the courts, including whether the law should make exceptions for AI's use of copyrighted material to create something new...

"Music copyright has always been a messy universe," said Julie Albert, an intellectual property partner at law firm Baker Botts in New York who is tracking the new cases. And even without that complication, Albert said fast-evolving AI technology is creating new uncertainty at every level of copyright law.

WHOSE FAIR USE?

The intricacies of music may matter less in the end if, as many expect, the AI cases boil down to a "fair use" defense against infringement claims - another area of U.S. copyright law filled with open questions."

AI Startup Suno Claims “Fair Use” Copyright Doctrine Allows Training On Major Recordings; Deadline, August 1, 2024

 Bruce Haring, Deadline; AI Startup Suno Claims “Fair Use” Copyright Doctrine Allows Training On Major Recordings

"Suno CEO and co-founder Mikey Shulman amplified that stance in a blog post today. “We train our models on medium- and high-quality music we can find on the open internet… Much of the open internet indeed contains copyrighted materials, and some of it is owned by major record labels.”

Schulman said such use is viewed by Suno as “early but promising progress. Major record labels see this vision as a threat to their business.” He added, “learning is not infringing. It never has been, and it is not now.”

Shulman also argued that training its AI model from data on the “open internet” is no different than a “kid writing their own rock songs after listening to the genre.” 

The RIAA responded “It’s a major concession of facts they spent months trying to hide and acknowledged only when forced by a lawsuit. Their industrial scale infringement does not qualify as ‘fair use’. There’s nothing fair about stealing an artist’s life’s work, extracting its core value, and repackaging it to compete directly with the originals…Their vision of the ‘future of music’ is apparently one in which fans will no longer enjoy music by their favorite artists because those artists can no longer earn a living.”"

Philip Glass Says Crimean Theater Is Using His Music Without Permission; The Daily Beast, July 25, 2024

 Clay Walker, The Daily Beast; Philip Glass Says Crimean Theater Is Using His Music Without Permission

"Legendary American composer Philip Glass had some harsh words after learning that a theater in Russian-annexed Crimea plans to use his music and name as part of a new show. In a letter posted to X, Glass explained that he had learned a new ballet called Wuthering Heights is set to open at the Sevastopol Opera and Ballet Theater—using works he had penned without his consent. “No permission for the use of my music in the ballet or the use of my name in the advertising and promotion of the ballet was ever requested of me or given by me. The use of my music and the use of my name without my consent is in violation of the Berne Convention for the Protection of Literary and Artistic works to which the Russian Federation is a signatory. It is an act of piracy,” Glass wrote."

Can Donald Trump or Joe Biden play whatever music they want at a rally or convention? Legal expert says it’s more complicated; Northeastern Global News, July 17, 2024

 Cody Mello-Klein, Northeastern Global News; Can Donald Trump or Joe Biden play whatever music they want at a rally or convention? Legal expert says it’s more complicated

"It turns out that what music gets played at a political rally or campaign event involves more consideration –– and legal know-how –– than you might think. It’s an area where the law, performing arts and politics intersect in sometimes uncomfortable ways, particularly for a politician like Trump, who has an entire Wikipedia page dedicated to listing musicians who oppose his use of their music.

So, what rights do politicians have when it comes to playing music during rallies, conventions or campaign events? The answer, says Alexandra Roberts, a professor of law and media at Northeastern University, is a little complicated."

AI: World's biggest music labels sue over copyright; BBC News, June 24, 2024

Natalie Sherman , BBC News; AI: World's biggest music labels sue over copyright

"The world's biggest record labels are suing two artificial intelligence (AI) start-ups over alleged copyright violation in a potentially landmark case.

Firms including Sony Music, Universal Music Group and Warner Records say Suno and Udio have committed copyright infringement on an "almost unimaginable scale".

They claim the pair's software steals music to "spit out" similar work and ask for compensation of $150,000 per work."

Can you become a lawyer by listening to Taylor Swift?; BBC, June 3, 2024

 Jamie Russell, BBC; Can you become a lawyer by listening to Taylor Swift?

"While Taylor Swift was on her record-breaking Eras Tour, one Swiftie was using the star’s music in a bid to pass her law degree.

Regan Caie, a law student at the University of Glasgow, wrote her fourth-year dissertation about Swift's re-recorded albums and copyright law.

The music star has re-recorded and re-released four of her first six albums over a copyright dispute with producer and artist manager Scooter Braun.

Regan, 21, said her dissertation combined her love of Swift's music with her ambition to eventually specialise in copyright and intellectual property law."

AI can make up songs now, but who owns the copyright? The answer is complicated; The Conversation, May 13, 2024

Wellett Potter, Lecturer in Law, University of New England , The Conversation; ; AI can make up songs now, but who owns the copyright? The answer is complicated

"With the rapid development of this technology, it is timely to debate whether a similar right of publicity should be introduced in Australia. If so, it would help to safeguard the identity and performance rights of all Australians and also protect against potential AI voice crimes."

Taylor’s Version of copyright; Harvard Law School, April 3, 2024

Brett Milano, Harvard Law School ; Taylor’s Version of copyright

"When Taylor Swift began re-recording her old albums and releasing the new, improved “Taylor’s Version,” she did more than delight a nation of Swifties. She also opened significant questions about the role of intellectual property in contract law, and possibly tipped the balance toward artists.

According to Gary R. Greenstein, a technology transactions partner at Wilson Sonsini, the Swift affair is one of many that makes these times especially interesting for copyright law. Greenstein’s current practice focuses on intellectual property, licensing, and commercial transactions, with specialized expertise in the digital exploitation of intellectual property. He appeared at Harvard Law School on March 28 for a lunchtime talk, which was presented and introduced by Chris Bavitz, the WilmerHale Clinical Professor of Law and managing director of the law school’s Cyberlaw Clinic. “I have been doing this for 28 years now and there is never a dull moment,” Greenstein said.

Greenstein placed the Swift story in the larger context of music copyrights. In music, he explained, there are always two copyrights. The first is for the musical work itself, and this is usually controlled by the composer/songwriter, or by a publishing company acting on their behalf. The second is the “master,” the recorded performance of the work, and this is usually controlled by the label."

On Copyright, Creativity, and Compensation; Reason, February 12, 2024

DAVID POST, Reason; On Copyright, Creativity, and Compensation

"Some of you may have seen the article by David Segal in the Sunday NY Times several weeks ago [available here] about a rather sordid copyright fracas in which I have been embroiled over the past few months...

What to make of all this? I am not oblivious to the irony of being confronted with this problem after having spent 30 years or so, as a lawyer and law professor, reflecting on and writing about the many mysteries of copyright policy and copyright law in the Internet Age.

Here are a few things that strike me as interesting (and possibly important) in this episode."

Jackson Slide and Ride sued over copyright infringement violations for the second time; Jackson Sun, December 4, 2023

Sarah Best, Jackson Sun; Jackson Slide and Ride sued over copyright infringement violations for the second time

"How licensing works

With an ASCAP license, owners then possess the legal right to use any and all of the more than 18 million works protected by ASCAP, according to Wagener.

The necessity of an ASCAP license extends to nightclubs, bars, restaurants and any venue where music will be played. However, failure to obtain a license results in legal fines whose financial detriments can cost triple or more than the yearly fee for an ASCAP license.

In a press release on Oct. 18, it was disclosed that for average restaurants and bars, licensing fees amount to an average of less than $2 per day. Licensing fees occur yearly and are determined based on an establishment's following characteristics:

• Size/capacity (the larger the venue, the more valuable the performance is and the higher the licensing fee)
• Type of music being performed (differentiated by live music, background music, karaoke, etc)
• Occurrence of live music (distinguished by its playing three nights or less and four nights or more)"

Her Music Fell Into Obscurity. Now It’s Back at the Philharmonic.; The New York Times, November 20, 2023

Garrett Schumann, The New York Times; Her Music Fell Into Obscurity. Now It’s Back at the Philharmonic.

"When Perry died, she had no children and only a few published works. Although scholars have identified about 100 of her manuscripts and scores, dozens cannot be performed or recorded because there is no established copyright holder. As Christopher Wilkins, the music director of the Akron Symphony, said, “all the work is protected; it just hasn’t been licensed, and can’t be until whoever controls it negotiates that.”

Wilkins first found Perry’s compositions in 2020, and marveled at what he saw. She, he said, “may be the most accomplished and celebrated composer ever to emerge from Akron.” He then asked the soprano and scholar Louise Toppin, who leads the African Diaspora Music Project, to help him explore Perry’s output and edit some of her manuscripts...

The Akron Symphony has also engaged a local lawyer to help resolve the copyright ambiguities that ensnare many of Perry’s compositions — a barrier to overcome for those interested in her music, beyond historical practices of exclusion among American institutions."

Blue Moose in Topeka is among a dozen bars and restaurants being sued. Here's why.; The Topeka Capital-Journal, November 7, 2023

Keishera Lately , The Topeka Capital-Journal; Blue Moose in Topeka is among a dozen bars and restaurants being sued. Here's why.

"What other restaurants and bars are being filed against?

Among The Blue Moose Bar & Grill, 11 other restaurants and bars nationwide have been filed against by the ASCAP for copyright infringement.

Those restaurants and bars include Commonwealth (Las Vegas), Dublin Square (East Lansing, Michigan), Fable Lounge (Nashville, Tennessee), Hennessy Tavern (Laguna Beach, California), Liquid Joe's (Salt Lake City, Utah), Lonerider Brewery (Raleigh, North Carolina), Olympix Sports Bar (Houston, Texas), Slide & Ride 2 (Jackson, Tennesse), The Stetson Bar (San Antonio, Texas), The Tonidale Pub (Oakdale, Pennsylvania), and Xpose (Beaverton, Oregon)."

Famous Music Copyright Cases Revisited: Ed Sheeran, Led Zeppelin, Katy Perry and More; Variety, April 27, 2023

 Thania Garcia, Variety; Famous Music Copyright Cases Revisited: Ed Sheeran, Led Zeppelin, Katy Perry and More

"To help better understand the nuances of a copyright infringement trial, Variety revisits five of the most talked-about intellectual property lawsuits against musicians and songwriters that actually went all the way to a verdict… (and, in the case of appeals and judicial reversals, sometimes much further still)."

Stolen or Original? Hear Songs From 7 Landmark Copyright Cases.; The New York Times, April 27, 2023

Ben Sisario, The New York Times ; Stolen or Original? Hear Songs From 7 Landmark Copyright Cases.

"Here is a guide to some of the most consequential music copyright cases in recent decades, along with excerpts from their recordings.

But remember: It can be tricky, and even misleading, to compare recordings alone. In cases like these, the only material in question are the songs’ underlying compositions: the melodies, chords and lyrics that can be notated on paper. Elements specific to the performance captured in a particular recording — like the tempo, or the timbre of an instrument — are irrelevant.

Juries must decide not only if one song copies another, but whether the earlier song was original and distinctive enough to be protected by copyright.

“The problem with cases like this is that people ask the wrong question,” said Joe Bennett, a professor at the Berklee College of Music who works as a forensic musicologist in legal cases. “They ask the question, ‘How similar is song B to song A,’ whereas what they should be asking is how original is song A.”

Got that? In that case, put your headphones on and judge for yourself."

Ed Sheeran Trial: Did He Copy Marvin Gaye? Here’s What to Know.; The New York Times, April 24, 2023

Ben Sisario, The New York Times; Ed Sheeran Trial: Did He Copy Marvin Gaye? Here’s What to Know.

"A closely watched music copyright trial is set to begin Monday in federal court in Manhattan, where a jury will decide a lawsuit accusing Ed Sheeran of copying his Grammy-winning ballad “Thinking Out Loud” from Marvin Gaye’s soul classic “Let’s Get It On.”...

The music industry is keenly interested in the outcome. Over the last decade, the business has been rocked by a series of infringement suits that have involved questions of just how much or how little of the work of pop songwriters can be protected by copyright, and how vulnerable they are to legal challenges."