A Legal Blog by Aaron | Sanders, PLLC


Copyright Law Can Spice Up Anything: The Surprising Scope of Copyright Protection

Rick is an experienced Nashville intellectual-property litigator and an erstwhile part-time professor at Vanderbilt University Law School whose writing and teaching focuses on copyright issues but whose law practice involves a wide variety of IP-related disputes.

The Thick and Thin of Copyright Protection

Copyright lawyers love tell you that copyright law is all about encouraging creativity because that makes it seem that we’re performing some sort of socially useful activity. We love to point to paintings, novels, movies and music. Without the legal monopoly that copyright law confers on “creators,” these wonderful things wouldn’t be created. Or, at least, they wouldn’t be as good.

And—you know what?—sometimes this is even true! There are lots of cases about music and movies and even dancing!

But you know what else is protected by copyright law? A catalogue of dental procedures. Lists of collectable cards. Medical education brochures (e.g., Gastroesophageal Reflux Disease: Understanding Your Health.) Private placement memoranda.

What’s a private placement memorandum? So glad you asked. Before you can ask folks to give your enterprise money, you need to provide them with certain information so they can make an informed decision. If you’re providing this information because you’re offering to sell equity or debt, and the transaction is “private,” then you’ll be expected to provide a “private placement memorandum” (or “PPM”). PPMs are not “creative,” in the usual sense of the word. They are designed to inform. Much of the information…

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Has There Really Been Fallout from the Blurred Lines Case and What Can Be Done About It?

Rick is an experienced Nashville intellectual-property litigator and an erstwhile part-time professor at Vanderbilt University Law School whose writing and teaching focuses on copyright issues but whose law practice involves a wide variety of IP-related disputes.

Giving Credit Where Credit Is Due (or Demanded)

Last week, the Associated Press reported, “More and more, artists are giving credit” to the writers of pre-existing songs “in the wake of the ‘Blurred Lines’ case.” The main point of the article was that songwriters are taking a more cautious approach when they know they have at least been influenced by a particular song and have been giving credit to the writers of the older songs to play it safe. As evidence, the article cited the addition of the Gap Band’s “Oops Upside Your Head” to “Uptown Funk,” the addition of the massively awesome Tom Petty and Jeff Lynne to the credits for Sam Smith’s “Stay With Me”—completely justified, in my view—and the addition the two songwriting dudes from The Fray to the credits for The Chainsmokers’ “Closer” (a song I have never listened to until just now).

That’s hardly overwhelming evidence, particularly since at least two of the additions were really settlements of legal claims before litigation. I don’t know how the Chainsmokers dispute was resolved, but I doubt it was purely voluntary.

Songwriting credit is a big deal because it’s how songwriters get paid. Royalties for a song are divided among…

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Oracle v Google: The Jury Has Spoken, But What Did it Say?

Rick is an experienced Nashville intellectual-property litigator and an erstwhile part-time professor at Vanderbilt University Law School whose writing and teaching focuses on copyright issues but whose law practice involves a wide variety of IP-related disputes.

Note: This post and those following rely on and are indebted to live-tweeting by Sarah Jeong and Mike Swift of the trial. Jeong storified the trial here. You can find Swift’s twitter feed here. I also reference the jury instructions, which you can find here.

Once a Year, Everyone Pays Attention to Copyright (and Finds Something They Don’t Like)

It’s been only a little more than a year since a jury has rendered a controversial verdict in a closely watch-ed copyright case. That case, of course, was the “Blurred Lines” case, which led much furrowing of brows and some gnashing of teeth about whether, if verdicts like this become a trend, songwriting will become too risky to pursue. While there is evidence that “Blurred Lines” really is part of a trend in music cases, songwriting is not doomed, as I explained at the time.

The jury’s recent finding of fair use in Google v. Oracle has led to some wringing of hands, knowing tut-tutting, and even some exuberance:
* All copyright in software is doomed, especially free software.
* It’s nice and all for Google, but everything is already terrible because APIs were found to be copyrightable and fair use is a poor…

The waters of Redwood Shores appear peaceful, but lurking, lurking, lurking... Photo by Hokan Dahlström http://www.dahlstroms.com

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The Silly Dispute Between Georgia and Public.Resource.Org: Are Statutory Annotations Even Copyrightable?

Rick is an experienced Nashville intellectual-property litigator and an erstwhile part-time professor at Vanderbilt University Law School whose writing and teaching focuses on copyright issues but whose law practice involves a wide variety of IP-related disputes.

I Fought (for) the Law; Who Wins?

When I started law school, I had only the vaguest idea of what lawyers did. I figured it had something to do with arguing in front of juries and judges, writing legal briefs and contracts. That’s what I expected to learn in law school. I was in for something of a surprise.

One of the first classes I took was “Legal Research and Writing.” I assumed it would be about 90% writing and 10% research. This was because I thought “research” basically consisted of “looking stuff up.” Anyone could look up the law, I thought, but lawyers are just really good at it. I imagined the aisles and aisles of books in the law library consisted of reams and reams of “laws.” You just had to find the right one. Sure, I had heard of “cases,” because I had heard of things like Plessy v. Ferguson and Marbury v. Madison. I knew that somehow these “cases” helped determine the law, but surely either they were rare or they were codified somehow into something you could look up.

Oh, my sweet Lord, was I mistaken. The “law” wasn’t something you “looked up” at all. It was…

These "reporters" collect "published" judicial opinions in roughly chronological order. Photo by "Coolcaesar".

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Stay With Me on This Because Someone Won’t Back Down: Why Sam Smith Had to Settle

Rick is an experienced Nashville intellectual-property litigator and an erstwhile part-time professor at Vanderbilt University Law School whose writing and teaching focuses on copyright issues but whose law practice involves a wide variety of IP-related disputes.

Different Similarities: What Does it Mean to Infringe Copyright?

Earlier this week, Sam Smith settled with Tom Petty and Jeff Lynne about a copyright claim that Smith’s “Stay with Me” (a lovely, lovely song) infringed Petty and Lynne’s “Won’t Back Down” (one of Tom Petty & the Heartbreakers’ best known songs).

 

 

I’ll be honest with you, I didn’t make the connection myself when I just casually listening to “Stay with Me” on Lightning100, even though I’m a pretty big Tom Petty & the Heartbreakers fan. Smith’s song is slower and has totally different backing vocals. The two-phrase sequence in question plays a different role in both songs. In Smith’s song, it’s the main driving hook (a simple one, which shows off his vocals), whereas in the Petty/Lynne song, it’s more of an intro to the main chorus, which allows the song to ramp up its energy pretty quickly.

But once it was suggested that Smith might have gotten the two-phrase sequence from “Won’t Back Down,” I immediately saw it. Remove the backing vocals, speed it up a bit and drop the pitch a bit, and the two sequences sound almost identical. A lot of Tom Petty fans sure noticed.

To my ear, it…

This is Tom Petty. I'm sorry I couldn't find a picture of Jeff Lynne on Creative Commons because he's equally awesome.

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