18

The jury bought into the Gaye's attorney's arguments that they should consider a "constellation" of features when comparing the two songs. This legal standard will likely be challenged on appeal because it deviates greatly from previously established case law. Prior song copyright cases had used melody and lyrics as the two decisive factors, either one of ...


8

In the begining of 19th century US law (copyright act of 1790) protected only American authors.(1) There were no international copyright agreements between the US and other countries, making it nearly impossible for a foreign author to protect his work in that country. One of the most victimized authors was Charles Dickens, whose novels were mercilessly ...


7

No. The royalty rules are different based on the medium (live or recorded), but you never need an artist's permission to cover a song. In regards to live performance, specifically, the venue is responsible for obtaining a blanket license through a performance rights organization for all copyrighted songs that would be played in their venue. The artist doesn'...


6

In most of the world, the default length of copyright is the life of the author plus either 50 or 70 years. Wikipedia article So, even though a particular recording is 'out of print' it doesn't mean that we can then reproduce the CD in question. Also, there are in essence there are two separate elements in the copyright of a 'recording', the recording ...


6

When supportive artists are invited to work on an album they are featured on the record. It is more like a description of what happened rather than a status. The lead artist is the one responsible for the creation of the album or at least developed the inital idea/concept for the album. However artists can agree on different forms of attribution, like "...


5

It's true that Led Zeppelin were notorious music thieves (with "Lemon Song" being a particularly infamous example). Like many other British musicians of the time, they had an unpleasant tendency to treat black American music as if it was a freely available natural resource, available to be plundered, and only under the domain of copyright after some white ...


5

To answer the rest of the question. Recordings go "out of print" when the company that is printing the recording decides that sales do not justify printing any additional copies and the company's stockpile of prints have been exhausted. Typically, vinyl and CD recordings, like books, are produced in a "print run" where a large number of copies of the same ...


5

Laws vary from country to country in details (e.g. number of years a copyright is valid, the ways it can eventually be prolonged, weather the author is till alive or not influences the permanence of the copyright, etc.), but the distinction between an original work and a derivative work is more or less common. In our case an original work would be a ...


4

Legally, band names are pretty much like... brand names (no pun intended). First of all a technicality, names are not copyrighted, they are trademarked and can also be registered. Legal details of course depend from country to country, but in general, like with any business, if you can show that you have been operating a business or selling a product using ...


4

This is pretty anecdotal & I have no hard references for some of the examples, however... Usually the first one to get a recognisable hit can force or even just persuade any others to change their name. I'm not sure this is even done using lawyers, usually the other band just gives in after one letter from the record company. This one I just "know to ...


4

On the site IP Iustitia a lawyer, Jani Ihalainen, discusses this in detail, at least for the USA. TLDR: in the US the courts have held that a voice is not copyrightable, but copying a voice can still be forbidden in certain circumstances if the copying can be regarded as impersonation. Bette Midler and Tom Waits both won cases where other people copied ...


4

The laws are different everywhere. In a lot of countries (including the USA and Germany) the creator owns the copyright to any creative work of art they produce, as soon as they produce it. There is no need to register a copyright, but this does make proof of infringement much easier. If someone takes the work and performs it as their own, that would be ...


3

Recent RIAA activity Action based on May 2020 US Copyright Office report Hollywood and tech prep for another round of copyright wars RIAA and other music industry groups, including the Music Artists Coalition and the National Music Publishers Association, have outlined three key concessions they want from tech platforms they say would address issues ...


3

Manufacturers frequently change their catalogues according to consumer demand. Probably the yellow model did not sell enough to justify keeping it in the catalogue.


3

The answer is "without much success." They did, however, try a number of things, including premiering Pirates of Penzance in New York, rather than London, refusing to publish a full score of Iolanthe, and keeping Mikado entirely secret. None of these worked, and the American courts almost inevitably sided with the pirates. Their only real recourse was the ...


3

The piece itself may be free, but the specific engraving used for the part may still be under copyright and licensed to (or owned by) a publishing company. More likely, someone had a public-domain score and uploaded it to IMSLP (or a similar site) but did not have the parts for that score, so the parts weren't uploaded as separate files—there may be public ...


2

I am pretty sure this has nothing to do with the recording company as they handle all licensing for their artists song repertoire through a PRO. Usually you obtain what is known as a "use license" from a PRO (Performance rights organization) and you pay a fee to them which goes to the original artist for the rights to use their song. Each case is different ...


2

The above means the copyright is held by EMI Blackwood Music and Dam Rich Music. The owner of copyright differs depending on the contract. The copyright holder is not always the same as the publisher.


2

There are certain stylistic choices that can start out as personal idiosyncrasies, but become so widely imitated that they end up as genre markers. For modern pop/R&B, one of the most characteristic of these markers is "melisma," the singing of multiple pitches on a single syllable. Originating in the black gospel, church-influenced sound of soul ...


2

This started with Yes, we have no bananas, which shares four notes at the same timing with the famous Hallelujah chorus. Even though no sane person would see the two songs as the same, they were able to convince the court, thus setting the legal precedent. The song actually stole quite a few phrases from different songs, but most of them didn't have any ...


2

If you’re a musician/publisher and have registered to be a member of PRS for Music (or perhaps another copyright society), you can search their musical works database. You can search for a specific track (if it’s covered by copyright) and the database will tell you who was Author, Composer/Author or Arranger.


2

The roles are very often not clearly divided within the team, often the lyrics and the music are a collaborative effort. The producer would not usually get a songwriting credit unless they did contribute to either lyrics or music, although it's possible that the producer or other people in the team might insist on a credit, even if they didn't contribute to ...


1

It's definitely George Harrison's style, and very similar to his What is Life:


1

According to the portion of https://en.wikipedia.org/wiki/Lead_sheet that cites "Krasilovsky, M. William; Shemel, Sidney; Gross, John M.; Feinstein, Jonathan (2007), This Business of Music (10th ed.), Billboard Books, ISBN 0-8230-7729-2": Together, the melody, lyrics and harmony define what a song is. In the music industry and entertainment law, a lead ...


1

There are no restrictions to what colours a manufacturer can and cannot paint. There may be restrictions to what they can call the colours. For example Rickenbacker use the 'glo' suffix with a lot of their colours (think Fireglo, Mapleglo, Jetglo). Whilst fans and collectors tend to add the 'glo' suffix colloquially to other Rickenbacker finishes, notably '...


1

I fully agree with topo's answer, though on many occasions I've known a remix to be done initially without any permission, just to see if the track will gain any traction on the dance floor, as a white label. Only if it does see some good feedback do the record company then go to the copyright owners for permission, based on the 'if it doesn't sell, no-one ...


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