Due to demand, On Friday, April 3rd at 3:30pm eastern, there will be a second videoconference on the Ninth Circuit’s decision, which I broke down initially here. The videoconference will be interactive, and will address questions from music educators about how the field of copyright law has significantly shifted this this court ruling.
Videoconference: What the Ninth Circuit’s Decision Means for Music Educators
Copyright Litigation: Victory for Music Educator and Music Boosters in the 9th Circuit Court of Appeals
The Burbank High School show choir, which was the basis for the television series Glee, has been involved in a long running copyright litigation battle waged by Tresona Multimedia, LLC (“Tresona”). A significant decision was published earlier today by the Ninth Circuit Court of Appeals, which is embedded below. This is a fact intensive post, so please read closely.
Summary: Tresona is a music licensing company. Burbank (Ca.) High School has several show choirs. In 2017, Tresona filed a copyright infringement lawsuit against Brett Carroll, the Burbank HS choir director, the Burbank HS Vocal Music Association Boosters Club, several Booster Club parents. Why the plaintiff chose to name the individuals, particularly the Booster Club parents, is a mystery.
All of the facts that follow are integral to the result that the Court reached: The performers are Burbank High School students. Because the costs of the ensemble are not covered by the School District’s budget, the Boosters Club (a 501(c)(3) tax exempt organization) holds several fundraising concerts. One of these is an annual show choir competition. The Boosters sell tickets and advertisements in the programs for these events.
During one particular such fundraiser, one of the Burbank HS choirs performed a two minute excerpt of “Magic”, by Olivia Newtown-John. Burbank’s performance of “Magic” was contained in a medley of other songs. Similarly, Burbank HS performed a sixteen second excerpt of “(I’ve Had) the Time of My Life” by Bill Medley and Jennifer Warner, which runs four minutes and twenty two seconds in total.
Read moreThe Coronavirus Crisis and the Live Music Industry
The Coronavirus Crisis has caused the unexpected and abrupt nationwide closure of many live performances and concert tours. Everyone involved in the production of these events has been hurt by the upheaval and the continuing uncertainty.
On Wednesday, March 25th at noon eastern, Tuk Law will present a live videoconference to address the effect that the Coronavirus Crisis has had on live performers, specifically for musicians, storytellers and DJs, as well as what the crisis means for presenters of live events.
Bryan Tuk will be joined by Patrick Brogan, ArtsQuest’s Chief Programming Officer in this hour long discussion.
This is a FREE event, but you must register here to participate in the live event.
iPhone Photography & News Outlets
This is how a simple, everyday experience of one man and his smart phone turns into big dollars. In short, a person (not a professional photographer), takes a picture of a criminal defendant. That picture is newsworthy. The picture is posted to Instragram. Cox Media uses the picture without first licensing it. The Plaintiff, who has now registered the photograph with the US Copyright Office, sues for infringement and wins the liability phase of the case on summary judgment. The Defendant asserts a fair use defense and loses.
This is the tale of Cruz x. Cox Media Grp., LLC, Docket No. 18-CV-1041 in the US District Court for the Eastern District of New York. A copy of the Court’s Memorandum and Order appears below.
Here are a streamlined version of the facts, as presented by the Court in its opinion granting the Plaintiff’s summary judgment motion:
Read moreCopyright Law Update: Led Zeppelin Prevails at the 9th Circuit Court of Appeals
For years, the members of Led Zeppelin have been defending a copyright lawsuit brought by the trustees of The Estate of Randy Wolfe, which alleged that Zeppelin had infringed on the Estate’s copyright of Taurus, which was a song written by Wolfe and performed by his band Spirit in the late 1960s.
Today, the Ninth Circuit Court of Appeals issued an en banc ruling which ultimately sides with Led Zeppelin. The Ninth Circuit was considering the Estate’s appeal of the District Court ruling after a jury determined that no copyright infringement occurred. This is a vindication for Led Zeppelin and likely ends this claim. The Estate’s only recourse now is to file a petition for Certiorari with the US Supreme Court. The Supreme Court receives tens of thousands of petitions a year, and can only grant a hearing in an extremely small percentage of those matters.
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