In Parker v. Winwood, musician Steve Winwood was accused of copyright infringement for allegedly copying the bass line of “Ain’t That A Lot Of Love” — written by Willa Dean Parker and Homer Banks in 1965 — for his song, “Gimme Some Lovin’,” written in 1966. 51 years later, Willa Dean Parker and the widow of…
Taylor Swift is known for aggressively protecting her intellectual property as a songwriter, but in Hall v. Swift she found herself on the defensive. Pop artists Sean Hall and Nathan Butler alleged Swift infringed on the lyrics to their best-known song, “Playas Gon’ Play,” in her song, “Shake It Off.” Hall and Butler: “Playas, they gonna play,…
In McDermott v. Monday Monday, the Southern District of New York reiterated what it means to be a copyright troll — and the trouble inherent in essentially seeking to “clear one’s name”, whether by bringing a defamation claim or asking a judge to re-phrase something they’ve written. The plaintiff in this case was represented by attorney…
In Parker v. Winwood, musician Steve Winwood was accused of copyright infringement for allegedly copying the bass line of “Ain’t That A Lot Of Love” — written by Willa Dean Parker and Homer Banks in 1965 — for his song, “Gimme Some Lovin’,” written in 1966. 51 years later, Willa Dean Parker and the widow of…
It seems lately that ignorance can do a lot for you — but willful ignorance won’t save you from being held liable for contributory infringement. That’s what the defendants in Luxottica GROUP, S.p.A., v. Airport Mini Mall, LLC learned recently in the 11th Circuit Court of Appeals. Originating in the District of Georgia, Airport Mini Mall (AMM)…
In Preston Wood v. RZ Enterprises, the Digital Millennium Copyright Act (DMCA) brought the house down. Architectural firm Preston Wood entered into an agreement with real estate developer RZ Enterprises in which Preston Wood produced architectural plans for a multi-building residential development. Then, much to Preston Wood’s chagrin, RZ Enterprises used a different architect. They not…
Stevens v. CoreLogic is a copyright case recently decided in the Ninth Circuit Court of Appeals. In the case, several real estate photographers allege that CoreLogic, which provides a service to real estate brokers by providing pictures of homes that are for sale, removed the metadata from their photographs which helped to identify each photographer and…
found itself on the wrong end of a major lawsuit at the end of 2017. Wixen Publishing Inc. v. Spotify USA Inc. is still in the complaint phase, but the music industry press is already dissecting the merits of the case — as well as the possible implications of the verdict. Filed in the Central District…
Roughly speaking, the Fifth Circuit Court held that a copyright infringer has to “want” to engage in conduct that infringes. That is, plaintiff had to allege that defendant’s conduct was volitional. The U.S. Supreme Court denied review of the Fifth Circuit’s decision, effectively allowing that decision to stand. The BWP Media v T&S Software case involved an internet service…
The Second Circuit Court of Appeals has just rendered a decision regarding the classic Abbott and Costello bit, “Who’s on First?” (Full disclosure: I memorized the routine when I was a kid. My sons call me a nerd. They’re right.) The case involves the one-minute use of “Who’s on First” in a play entitled Hand to…