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Category Archives: Music

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Court Narrows Claims Surrounding “HAPPY BIRTHDAY TO YOU” Copyright Suit

Posted in Copyright, Copyright Infringement, Music

Written by: Joseph M. DiCioccio Following up on a previous post regarding the lawsuit winding its way through federal court seeking clarity on whether the music publisher Warner Chappell owns or has the exclusive right to license the copyright in the ubiquitous “Happy Birthday to You” song, U.S. District Judge George H. King (Central District… Continue Reading

DOES A VALID COPYRIGHT EXIST IN THE SONG “HAPPY BIRTHDAY TO YOU”?

Posted in Copyright, Copyright Infringement, Music, Public Domain

Written by: Joseph M. DiCioccio Ownership of a copyright in one of the most popular songs in the English language has recently been challenged in several lawsuits around the country.  At the heart of the dispute is whether the music publisher Warner Chappell legitimately owns a copyright in, and thus has the right to license… Continue Reading

Copyright Infringement Damages Upheld in File Sharing Case

Posted in Copyright, Copyright Infringement, Damages, Litigation, Music, Statutory Damages

Written by: Susan Neuberger Weller  The Tenebaum copyright infringement file sharing case, about which we first reported in an earlier blog, reached another milestone this week when the First Circuit upheld the jury’s $675, 000 damages award. Tenenbaum had been found liable for illegally downloading 30 songs and a jury awarded statutory damages of $22,… Continue Reading

Politician Settling Case for Unauthorized Use of Music at Campaign Events

Posted in Copyright, Copyright Infringement, Music

Written by Susan Neuberger Weller It appears that Newt Gingrich and Frankie Sullivan, a member of the rock band Survivor, and his company Rude Music , have reached a tentative settlement in the latter’s copyright infringement suits against Gingrich for use of the song “Eye of the Tiger” during Gingrich’s presidential campaign bid. In Rude… Continue Reading

Rules for Use of Music at Political Campaign Events

Posted in Copyright, Copyright Infringement, Fair Use, Music, Trademark, Trademark Infringement

National Public Radio had a story yesterday on politicians’ use (or misuse) of music at campaign events.  It sets forth three seemingly simple rules for politicians to follow in order to avoid copyright and/or trademark based claims arising from such use:  (1) know your venue; (2) know when to ask for permission; and (3) “know when to fold’em.”   The American… Continue Reading