By Miles Bludorn
If you had to scam thousands of uber-rich millennials into trapping themselves on a remote island in the Caribbean, how would you even begin to accomplish such a feat? Allow me to offer you some free advice based on the recent debacle that was the Fyre Festival 2017. Continue reading
By Chike Eze
Generally, the author of a work owns the copyright in the work. However, an exception to the rule is that the employee or hiring party for whom the work was prepared is considered the owner of the work. The U.S. District Court for the Southern District of New York applied the “instance and expense” test in Urbont v. Sony Music Entertainment to determine whether the Iron Man Theme, created by Jack Urbont (“Urbont”) at Marvel’s request, was a work made for hire. Continue reading
By Juliya Ziskina
Since its beginning, YouTube has been involved in battles over copyright infringement, and over the years, YouTube has increased its policing of pirated material. The most common cases of copyright infringement involve using songs in a film or video without permission of the copyright holder, or placing segments of movies or music videos on websites where it is easy for the public to download them. Therefore, the giants of the entertainment industry have begun cracking down on websites such as YouTube.
YouTube, in response to these accusations, started to remove videos that may use segments of music or film without the copyright owner’s permission. Fan videos that incorporate a celebrity picture slideshow using a song as the primary audio track and videos of musicians playing covers of famous songs are common examples of videos that have been deleted from YouTube as a result of alleged copyright infringement. However, a widely known example of proper fair use is, for instance, a segment by the TV host Stephen Colbert that rebroadcasts cable news clips for the comedian to react to. Continue reading
By Danielle Olero
Cake, ice cream, presents, and a chorus of “Happy Birthday to You” has been a longstanding tradition for many to mark the passage of time in a person’s life. Although trivial to those who sing the song within their household, this eight note song has been the source of millions of dollars of revenue for the companies who have collected royalties from the song over the past eighty years.
In 2013 Jennifer Nelson, an independent filmmaker, intended to use the song in her documentary. She filed a putative class action against Warner/Chappell, who have claimed to hold the rights to the song since 1988. During the last two years, artists have been watching this case with great anticipation. Rights to the song could range from $1,500 to $5,000 or more for the use in films. Continue reading