Copyright Conundrums for Collaborators

[Note: This article was previously posted on NewMusicBox, a site for creators and fans of contemporary classical and other experimental music, on September 3, 2015.] Here’s a situation that’s commonly misunderstood among creative collaborators: Jack and Jill agree to write a song together. They call it “Tumblin’ Down the Hill.” Jack writes the music and […]

Google Books’ Dubious Distinction Between Transformative Use and Derivative Works

Given its prior ruling in last year’s substantially similar HathiTrust case, the Second Circuit’s October 16 decision in The Author’s Guild v. Google, Inc. was as inevitable as the Cubs failing to win the World Series. Still those in the content creating community feel it’s fundamentally unfair that Google gets to scan millions of copyrighted […]

Why the RIAA Indirectly Sued Aurous For Willful Copyright Infringement

The Recording Industry Association of America (RIAA) wasted no time in going after the new streaming site, Aurous. A mere three days after its “alpha” launch, RIAA’s constituent major labels, Atlantic, Warner Bros., UMG Recordings, Sony Music and Capitol Records (the entities that have standing to sue) filed their copyright infringement action against the company […]

The Second Circuit Terminates Copyright in Santa Claus Song

In its October 8 decision in Baldwin v. EMI Feist Catalog, Inc., the Second Circuit reversed the District Court’s granting of summary judgment to defendant music publisher, holding that a 2007 termination notice effectively severed a portion of EMI’s US copyright interest in the Christmas classic, Santa Claus is Coming to Town (the “Song”). The […]

A Peek at the Congressional Briefing Book on the Music Business

On September 22, the Congressional Research Service (“CRS”) of the Library of Congress, released a report, Copyright Licensing in Music Distribution, Reproduction and Public Performance (the “Report”). The Report states its purpose as follows: This report provides an overview of the complexities of the Copyright Act’s provisions concerning music licensing. It also discusses four issues […]