How copyright law is impacting the music industry is in the news this week. The story Why Copyright Infringement Is Pop's Big Problem discusses the complicated state of copyright infringement in music today and why these disputes are popping up now more than ever. It points out that "Unlike in the 1970s, when George Harrison was found guilty of "subconsciously plagiarizing" the Chiffons' 'He's So Fine' on 'My Sweet Lord,' a songwriter denying awareness of music they supposedly ripped off is more complicated in the YouTube age." "Now some musician or potential defendant can be sitting around looking at YouTube ... and be exposed to some piece of music by some obscure person ... and then suddenly it ends up on some record, or a portion of it gets sampled and it mysteriously — but not so mysteriously — ends up on somebody else's recording." For example, the story The Weeknd Hit With Copyright Lawsuit Over "The Hills" reports that a film financier based in the United Kingdom has filed a copyright infringement lawsuit over The Weeknd's hit song, "The Hills," alleging that it illicitly sampled a score from an obscure film titled The Machine.
But what happens when a songwriter reconstructs the rhythm of a track to create a very similar song without sampling . Earlier this year, Marvin Gaye's family prevailed on their claim that "Blurred Lines" song creators Pharrell Williams and Robin Thicke stole critical elements from Gaye's 1977 song "Got To Give It Up" for their 2013 hit "Blurred Lines." The case was unusual because in a pre-trial hearing, the judge ruled that the applicable 1909 copyright law only covered sheet music, not the song's actual sound, but later reversed his decision. A jury agreed with Gaye's family and awarded them $7.4 million, which was later reduced to $5.3 million. Now, Williams and Thicke are looking to appeal that decision to the 9th Circuit Court of Appeals. Pharrell Williams, Robin Thicke will appeal "Blurred Lines" copyright ruling.
The historical origins of a song can further complicate the copyright ownership issues. The origins of "Happy Birthday" date back to 1893 with the publication of "Good Morning to All," a song with the same tune but different lyrics. After more than two years of litigation, "Happy Birthday to You" — often called the most popular song in the world, but one that has long been under copyright by Warner Music — is one step closer to entering the public domain. In September a federal judge ruled that the publisher, which collects about $2 million a year in royalties, did not have a valid copyright claim. In a filing in the United States District Court in Los Angeles, the parties in the case said they had agreed to a settlement to end the case. The terms are confidential but, if the settlement is approved by the court, the song is expected to formally enter the public domain, meaning that it will not be covered by copyright and can be performed freely. 'Happy Birthday' Copyright Case Reaches a Settlement
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
