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Spotify May Have To Pay Songwriters $345 Million

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Categories: Articles, Business, Infringement, Legal Disputes, Legal Issues, Music Industry, Music Publishing, Royalties, Streaming, Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

By:  Erin M. Jacobson, Esq.

This article was previously published on Forbes.com.

When you stream music on Spotify, are you aware that as you are enjoying your favorite song, Spotify might not be paying the person who wrote that song?

Spotify has been sued for upwards of $345 million by Bob Gaudio and Bluewater Music Services Corporation for failure to pay mechanical licenses when their compositions are streamed on Spotify. Gaudio, a former member of Frankie Valli and The Four Seasons, wrote and publishes some of the group’s biggest hits including “Sherry,” “Big Girls Don’t Cry,” and “Walk Like a Man,” as well as Valli’s solo hit “Can’t Take My Eyes Off of You.” Bluewater administers the publishing for compositions like Player’s “Baby Come Back,” Miranda Lambert’s “White Liar,” and Guns ‘N Roses’ “Yesterdays.”

Streaming requires several licenses –sound recording licenses from the record labels; performance licenses for the compositions from performance rights organizations such as ASCAP and BMI; and mechanical licenses for the reproduction of the compositions. While Spotify has deals with the major labels, and blanket licenses with ASCAP and BMI, Spotify has not complied with the requirements for mechanical licenses and payments for all compositions streamed on its platform. Obtaining a mechanical license in the United States is compulsory, meaning that a person or company wishing to reproduce a composition must follow the guidelines in Section 115 of the United States Copyright Act to serve a “Notice of Intent” on the copyright owner and pay said owner the compulsory license fee. Spotify has followed this procedure for compositions affiliated with the Harry Fox Agency (the closest body the United States has to a mechanical rights society), but there are many compositions not affiliated with the Harry Fox Agency that Spotify would need to contact and pay directly – and Spotify largely has not done so.

This is not the first time Spotify has come under fire for its inadequate licensing practices. In 2016, Spotify reached a $30 million dollar settlement with the National Music Publisher’s Association (NMPA) for unpaid mechanical royalties, and Spotify just settled another class action suit for $43.4 million dollars. While maximum statutory damages rates are $150,000 per infringed composition, Bluewater claims that Spotify will only have to pay songwriters $4 per infringed composition after litigation fees are paid. Per the previous settlements, Spotify must also implement a better system to properly track and pay mechanical royalties, and Bluewater asserts this has not yet happened.

The attorney for both Gaudio and Bluewater is Richard S. Busch, most recently in the news for his representation of Marvin Gaye’s estate in the “Blurred Lines” case. Echoing my previous sentiments, a press release citing Busch’s complaint sums up the issue in a single sentence: “Songwriters and publishers should not have to work this hard to get paid or have their life’s work properly licensed, and companies should not be allowed to build businesses—much less billion-dollar businesses—on the concept of ‘infringe now and ask questions later.’”

*This article does not constitute legal advice.

Erin M. Jacobson is a music attorney whose clients include Grammy and Emmy Award winners, legacy clients and catalogs, songwriters, music publishers, record labels, and independent artists and companies. She is based in Los Angeles where she handles a wide variety of music agreements and negotiations, in addition to owning and overseeing all operations for Indie Artist Resource, the independent musician’s resource for legal and business protection. Ms. Jacobson also serves on the boards of the California Copyright Conference (CCC) and Association of Independent Music Publishers (AIMP).

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Music Industry Cases to Watch in 2017

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Categories: Articles, Copyright, Infringement, Law, Legal Disputes, Legal Issues, Music Industry, Performance, Royalties, Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

by:  Erin M. Jacobson, Esq.

This article was previously published on Forbes.com.

Following are the top music legal cases to watch in 2017, what to expect, and how they could affect the industry as a whole.

Global Music Rights v. The Radio Music Licensing Commission (and The Radio Music Licensing Commission v. Global Music Rights)

Background: As explained here, The Radio Music Licensing Commission (“”RMLC”) sued performance rights organization Global Music Rights (“GMR”) on anti-trust grounds for creating an artificial monopoly over and charging “exorbitant” licensing fees for works in its repertoire. In a separate and non-retaliatory suit (and explained here), GMR sued the RMLC claiming that the RMLC’s committee of radio stations seeks to discourage competition amongst these stations with the common goal of keeping payments to songwriters and music publishers artificially low and using its collective power to do so.

What you might expect: The parties will probably settle, as the implementation of judicial rate supervision would significantly curb GMR’s objectives in negotiating higher rates for its writers. If GMR had to submit to judicial rate setting proceedings, it is probable Irving Azoff would find a way around the regulations to command higher compensation for GMR writers.

How it could affect the industry: If radio does not want to pay GMR’s rates, then radio stations can refuse to play works in the GMR repertoire. As a result, these artists would lose the promotion and performance income provided by radio airplay. It could also affect writers belonging to other performance rights organizations that have co-written songs with GMR writers or covered songs by GMR writers.  The band Anthrax has already issued an open letter to Irving Azoff seeking to have its name disassociated with GMR, as the band is not a GMR client but is listed in the GMR repertoire because Anthrax covered “Phantom Lord” by Metallica (a GMR client) early in Anthrax’s career. Anthrax is afraid this association could stop radio stations from playing all Anthrax songs.

However, the radio stations themselves would also suffer because it would harm stations’ popularity with listeners if stations cannot play the music their listeners want to hear, resulting in a significant loss of advertising revenue.

The Turtles v. SiriusXM

Background: Flo & Eddie of The Turtles sued SiriusXM for playing their sound recordings without paying royalties. In the United States, all sound recordings made after February 15, 1972 are protected by federal copyright law. Prior to that date, sound recordings only had protection under state laws. In 1995, sound recordings were granted a digital performance right to earn royalties when played on digital media like satellite radio or streamed online. This case raised the question as to whether all sound recordings were entitled to the performance right or only those recorded post-1972. Flo & Eddie have been successful in several states to champion the right to royalties for owners of older recordings, but a New York appeals court just ruled against themsaying that the pre-1972 recordings are only entitled to protection provided by state laws.

What you might expect:  The outcome could go either way here, but its definitely one to watch. A settlement might also be possible for those involved in the lawsuit, however, a settlement would not dictate the future of royalties for other pre-1972 recordings not included in this class action suit.

How it could affect the industry: If it is found that pre-1972 sound recordings are entitled to a digital performance royalty, then owners of these recordings and the artists who recorded them would be entitled to an income stream much needed for older catalogues that do not currently make much money in terms of sales or other uses. Satellite radio and other Internet services would have to pay an appropriate amount of royalties, which seems doable for a company like SiriusXM worth billions of dollars, but potentially less so for smaller providers. If the appeal is upheld, then satellite radio and Internet services would continue to play these early recordings without paying royalties to the owners and artists of these recordings and would further the financial hardships for older artists without current hits.

“Blurred Lines” v. “Got To Give It Up”

Background: Pharrell Williams and Robin Thicke wrote and recorded a song (“Blurred Lines”) that they, as stated in interviews, wanted to sound like Marvin Gaye’s “Got to Give It Up.” The Estate of Marvin Gaye sued Thicke and Williams for copyright infringement and the closely followed trial yielded a jury verdict in favor of the Gaye family, with a judgment ultimately set at $5.3 million plus future royalties. The verdict inspired a string of similar lawsuits, including one challenging the originality of “Stairway to Heaven.”

A major issue within the trial was whether to consider only the lead sheet (musical notes) deposited with the Copyright Office (protocol at the time “Got to Give It Up” was registered) and not the recording of the song. Insiders of the music community debate the finding of infringement when many of the actual notes were not an exact match in both compositions versus looking at patterns and other music elements that were similar and repeated within both songs.

The case is now up for appeal. Thicke and Williams’ attorney claims that the trial court’s verdict will “chill” creativity. The attorney for the Gaye family argues in his appellate brief that the copyright for “Got to Give It Up” is not “thin,” and states a reminder that the
test for infringement is substantial
similarity and not virtual identity.

What you might expect: This case will once again be closely followed, but the verdict cannot be predicted at this time. A settlement is doubtful because the stakes have become too high for both sides.  This case has become much bigger than just the two songs involved.

How it could affect the industry: The impact of this decision could set an important precedent. If Thicke and Williams win, it would open the door to frequent usage of elements from older songs with little recourse for the copyright owners of the original songs. If the Gaye family wins, it would probably inspire even more lawsuits for infringement. Regardless of whichever party wins, this case may influence all future copyright infringement lawsuits involving music, as it may dictate which sources (lead sheets, recordings, etc.) can be considered in a copyright infringement suit and based on what is included in those sources, which elements of a composition can be protected and/or infringed.

The Department of Justice v. ASCAP and BMI

Background: Performance rights organizations ASCAP and BMI asked the Department of Justice (which oversees the consent decrees governing ASCAP and BMI) to reform the decrees based on today’s digital age. Music publishers asked for the ability to negotiate directly with companies licensing music for digital uses. The Department of Justice ruled against all that was asked for by the music community and decided to implement a model of 100% licensing, which mandates that a performance rights organization can only license rights to perform a work if the organization controls 100% of that work.

BMI appealed the decision and got an immediate verdict in BMI’s favor allowing the industry practice of fractional licensing to continue. The Department of Justice has appealed BMI’s victory and that appeal is currently pending.

What you might expect: This is going to be an ongoing fight to the bitter end.

How it could affect the industry: As explained in more detail here, a ruling in favor of the Department of Justice would force the entire music industry to completely change the way it does business, render hundreds of thousands of works to be unlicensable by ASCAP and BMI, place incredible burdens on composition owners to track performances, potentially require hundreds of thousands of contracts to be amended, and would also affect the music industry throughout the world due to the reciprocal agreements ASCAP and BMI have with performance rights societies in other countries.

*This article does not constitute legal advice.

Erin M. Jacobson is a music attorney whose clients include Grammy and Emmy Award winners, legacy clients and catalogues, songwriters, music publishers, record labels, and independent artists and companies. She is based in Los Angeles where she handles a wide variety of music agreements and negotiations, in addition to owning and overseeing all operations for Indie Artist Resource, the independent musician’s resource for legal and business protection.

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The DOJ’s Discordant Decision: An Overview of the Ruling and Its Repercussions

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Categories: Articles, Legal Issues, Music, Music Industry, Music Publishing, Performance, Royalties, Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

doj-decisionPerformance rights organizations (“PRO’s”) are organizations that track and collect performance royalties on behalf of songwriters and music publishers. In the United States, there are four PRO’s: ASCAP, BMI, SESAC, and Global Music Rights (“GMR”). ASCAP and BMI are the two largest U.S. PRO’s and are also non-profit organizations. Since 1941, ASCAP and BMI have been subject to consent decrees issued by the Department of Justice (“DOJ”). These consent decrees are agreements that allow the government to regulate ASCAP and BMI’s license fees and how they operate in order to prevent monopolization and encourage competition. SESAC and GMR are both independent, privately owned companies that operate on a for-profit basis and are not subject to consent decrees.

In 2014, the music community asked for a review of these decrees and requested the removal of digital licensing from the blanket licenses offered by the PRO’s, allowing publishers to negotiate directly with and be paid higher rates by companies licensing music for digital uses.  This is referred to as “Digital Rights Withdrawal” or “DRW.” Digital giants like Google, Pandora, and Sirius/XM, joined by terrestrial radio, lobbied against DRW in order to pay smaller licensing fees to music owners.   The DOJ denied the music community’s request for DRW and has now mandated that music publishers be either “all-in” or “all-out” with the PRO’s, meaning that publishers must allow the PRO’s to license all types of performances of their catalogues or none at all.

In its recent ruling, the DOJ also chose to enforce “full-work licensing,” also known as “100% licensing.”   Under the practice of 100% licensing, any person with a percentage of ownership of the work has the right to license 100% of the work, not just the percentage owned. That licensor is then liable to account to other co-owners of the work for those co-owners’ share of compensation. This principle is in line with the provisions of copyright law governing joint works, and the longstanding language of the consent decrees supports the practice of full-work licensing. Despite the language of the consent decrees, the music industry has never operated on a 100% licensing basis. The principle of allowing one co-owner to license an entire work can be overridden by a contract between the parties, and the music industry has always operated on a “fractional licensing” basis where most owners agree in writing that each owner will administer its own share. Music users obtaining licenses have also historically accepted the practice of fractional licensing, and those users experienced with PRO licenses know that one must get a license from each PRO so that all shares of co-written compositions are covered. PRO’s also collect license fees from music users and pay its members/affiliates on a fractional basis, i.e. the amount collected or paid is proportional to the share of the composition controlled by that PRO.

While the language of the consent decrees and the practice of the industry have long been out-of-sync, the DOJ’s sudden decision to enforce 100% licensing may force an entire industry to change its longstanding way of doing business. The DOJ’s ruling stipulated that if a PRO cannot license 100% of a composition, then that PRO cannot license that composition at all. This means that any compositions written by co-writers belonging to different societies would potentially become unlicensable by the PRO’s.

What Problems Does This Create?

Those that lobbied against reforming the consent decrees failed to realize that their efforts to pay less may also prevent them from using or playing a large percentage of music, or may require them to remove music from rebroadcasts of older programming, because much of the music they wish to use may become unlicensable by the PRO’s.   If compositions are unlicensable by the PRO’s, then music users will have to go directly to music owners for performance licenses. While obtaining direct licenses may be feasible for more experienced users, many music users will not know where to find composition owners or how to go about obtaining licenses from them. If compositions become unlicenseable by the PROs and licenses are not obtained directly from the music owners, it is possible that many compositions may not be used, or many compositions may be used without permission resulting in copyright infringement.

All of these scenarios may hinder music owners from receiving payments for performance royalties, and without the PRO’s, music owners will be responsible for tracking and policing all uses of their music, which is normally too labor intensive and financially burdensome for most music owners.

Foreign performance societies, writers, and publishers are also affected by the DOJ’s ruling. Via reciprocal agreements, U.S. and foreign PRO’s work together to track and collect royalties for performances in a work’s home country and foreign countries. If certain works become unlicensable by U.S. PRO’s, then foreign societies and owners may have to track U.S. performances of their works in the U.S. Anyone in the U.S. wishing to use a foreign work not licensable by a U.S. PRO will have to get a direct license from the foreign licensor. In addition, U.S. owners issuing direct licenses may have to track and collect on foreign performances outside of the societies. Again, this creates burdens on all societies and owners, as well as opening the door for mass amounts of infringement and owners not receiving payments.

The DOJ proposed a solution of modifying all past agreements between co-writers of different societies to allow administration by one owner or PRO. This would apply to both U.S. and foreign writers and publishers. However, this is an impractical solution because many writers will not want another PRO that is not their chosen PRO collecting on their behalf; many writers do not speak to past co-writers or know where to find them; many writers are deceased, leaving one or more co-writers to deal with heirs that may not understand the principles involved or cannot be found; and many writers will not have the financial resources to have their agreements amended.

From a creative standpoint, many writers feel the DOJ’s decision will restrict them to only writing with co-writers from their chosen PRO. Restricting the freedom of writers to collaborate would be a fatal blow to creativity itself and cause many musicians to relegate music to a hobby rather than a career.

Where Are We Now?

The DOJ has allowed ASCAP and BMI a period of one year to comply with the new mandated changes, and if they are still non-compliant after one year, the DOJ can sue ASCAP and BMI for non-compliance with its decision. However, the one-year compliance period has not started yet, and will be delayed by the current efforts of BMI and ASCAP to get this decision reversed.

As of this writing, BMI has sued the DOJ and is appealing the ruling through legal proceedings. ASCAP is developing a lobbying strategy to seek much needed Congressional support and achieve changes from the legislative side. Those of us on the forefront of this issue feel it is best to wait until we have a definite outcome before spending time and resources on modifying agreements or making other changes to longstanding industry practices.  However, consult with me on this issue if you are concerned.

Some resources to take action and stay up to date include www.standwithsongwriters.org and www.artistrightswatch.com.

 

Disclaimer: This article is for educational and informational purposes only and not for the purpose of providing legal advice. The content contained in this article is not legal advice or a legal opinion on any specific matter or matters. This article does not constitute or create an attorney-client relationship between Erin M. Jacobson, Esq. and you or any other user. The law may vary based on the facts or particular circumstances or the law in your state. You should not rely on, act, or fail to act, upon this information without seeking the professional counsel of an attorney licensed in your state.

If this article is considered an advertisement, it is general in nature and not directed towards any particular person or entity.

 

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February Music Business and Legal Roundup

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Categories: Law, Legal Disputes, Legal Issues, Music Industry, Tags: , , , , , , , , , , , , ,

cowgirl, lasso, roundup

Image via freeimages.com

 

It’s February and there’s definitely been some legal activity in the music business this month.

First, check out my most recent articles if you haven’t already:

In other news:

And here are my favorite Grammy moments:

  • Bonnie Raitt’s cool and calm confidence as she walked out the Grammy stage and proceeded to own the stage during “The Thrill is Gone.”
  • Demi Lovato’s awesome performance of “Hello” in honor of Lionel Richie.

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Why Posting a Cover Song on YouTube is Copyright Infringement

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Categories: Articles, Copyright, Infringement, Legal Issues, Music, Music Industry, Music Publishing, Royalties, Social Media, Tags: , , , , , , , , , , , , ,

by Erin M. Jacobson, Esq.

Erin Jacobson music attorney music industry lawyer youtube cover song copyright infringement

New artists trying to get discovered will frequently cover famous songs and upload videos of them performing these songs on YouTube. Many artists do not realize that without securing the proper permissions, posting a cover song on YouTube is actually copyright infringement.

User-generated cover song videos require permission to use the composition and permission to synchronize the audio elements with the video.*

To cover a composition, one needs to get a mechanical license. A mechanical license allows someone to record a song that has already been recorded and distributed by another artist. A mechanical license is most often obtained through the Harry Fox Agency. The related royalty stream is called a “mechanical royalty” which is a royalty payable to a composition owner for the privilege of being allowed to record that composition. This is the 9.1 cent royalty often mentioned in the music business.

However, the mechanical license only covers audio recordings of the original composition. It does not cover the synchronization of the audio with the video portion, for which one needs to obtain a synchronization or “sync” license. This is where most people get tripped up because they don’t get a synchronization license from the composition owner (usually the music publisher).

An artist who does not get permission from the owner of the song he is covering to synchronize his cover version with the accompanying video is infringing the copyright of the original composition.  [tweetthis display_mode=”button_link”]Failure to get a sync license for your YouTube cover song video is copyright infringement.[/tweetthis]

The consequences of posting a cover song without the proper synchronization license vary. In some instances, the copyright owners of the original composition don’t know about the cover on YouTube or they choose to do nothing about it. In other cases, the copyright owners will send a DMCA takedown notice to YouTube and have the video taken down. Further still, someone who posts an unauthorized cover might get a cease-and-desist letter or the threat of legal action, and might actually get sued, leading to liability for a lot of money in copyright infringement damages.

Do you have more questions or need a license for your project?  Contact Erin now to get your questions answered.

* In the case of a cover song, the original master recording is not used because someone else is making his or her own recording of the song and therefore no label permission is necessary. If one plans to use the original master recording in a video, that person would have to go to the master owner (usually the record label) and get a master use license to be able to pair the master recording with the video. I won’t discuss the performance right here since YouTube and similar websites have blanket licenses from the performance rights organizations. However, if an artist is uploading these videos to his or her personal website, that artist is also liable for the payment of performance royalties.

Disclaimer: This article is for educational and informational purposes only and not for the purpose of providing legal advice. The content contained in this article is not legal advice or a legal opinion on any specific matter or mattersThis article does not constitute or create an attorney-client relationship between Erin M. Jacobson, Esq. and you or any other user and Erin M. Jacobson, Esq. is not acting as your attorney or providing you with legal advice.   The law may vary based on the facts or particular circumstances or the law in your state. You should not rely on,act, or fail to act, upon this information without seeking the professional counsel of an attorney licensed in your state.

If this article is considered an advertisement, it is general in nature and not directed towards any particular person or entity.

 

 

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How Do You Prove That Someone Stole Your Song?

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Categories: Articles, Copyright, Infringement, Law, Legal Disputes, Legal Issues, Music, Music Industry, Tags: , , , , , , , , , , , , , , , , , , , ,

copyrightAllrightsreserved620

Image via hivesociety.com

A lot of musicians email me claiming they have great cases for copyright infringement. Copyright infringement does happen, but there are more people who think they have a case than those who actually do. (Please note that I am not a litigator and the below explanation is only a general overview of the basic principles in a copyright infringement suit. Actual cases may include nuances not discussed in this article.)

In order to sue for copyright infringement, you must have your work’s copyright registered with the United States Copyright Office. You can register your works yourself (the online registration fee is about $35), but I recommend an attorney like me or a service like Indie Artist Resource to file the registration for you, as some of the questions and principles covered in the application can be confusing.

Keep in mind that under copyright law, two similar works can be created independently of each other without infringement. For example, two independent musicians on opposite sides of the country could create original and copyrightable songs that sound very similar to each other, without knowing each other or ever hearing each other’s music. After all, there are only so many notes and chords that can be played.

However, if you do feel someone has actually infringed your music, you will have to prove that you have a valid copyright and your work was sufficiently original to warrant the validity of that copyright. Next, you will have to show that the alleged infringer copied your work. The analysis for infringement involves examining these three areas:

1. Direct copying
Here, you would have to show that the accused infringer directly copied the first work when creating his subsequent work. There is often no way to show direct copying, so the courts will instead look at the next two areas described below.

2. Access
When direct copying cannot be proven, courts will often infer that copying occurred if it is shown that the accused infringer had access to the allegedly infringed composition. This can be proven by showing that someone had direct access to your work, such as if you gave a copy of the song directly to the alleged infringer, or gave it to someone who had access to that person, like a producer or label executive.

Access can also be shown if the prior work is widely disseminated, such as a famous hit played on the radio and well known by the public. Here’s an example of how access was surprisingly proven in a real case: In Bright Tunes Music Corp. v. Harrisongs Music, Ltd.,[1] George Harrison’s song “My Sweet Lord” was deemed to infringe on the song “He’s So Fine” recorded by The Chiffons in 1962.[2] The court didn’t require actual proof that Harrison had heard “He’s So Fine” before; it relied on the fact that “He’s So Fine” had the top position on the Billboard charts in the U.S. for five weeks and hit No. 12 in England in 1963[3] – coincidentally at the same time The Beatles were becoming famous.[4]

The court concluded that Harrison unconsciously plagiarized “He’s So Fine” when he composed “My Sweet Lord” because “his subconscious knew [the musical combination of notes] had worked in a song his conscious mind did not remember.”[5] The court went on to further conclude that it did not believe Harrison deliberately copied the song,[6] but ruled against him anyway because access to “He’s So Fine” was assumed due to its fame and the two songs had enough similarities to satisfy the court.[7]

Therefore, if you have written a song, but it is not well known by others and you have not given it to someone where you can show a direct connection to the person who supposedly copied your song, you don’t have a case. It’s not enough to write and record a song that only a small number of people have heard, and then try to file a lawsuit when something shows up on the radio that you think sounds similar, when in reality you have no proof to show the other person even knew of your song.

3. Substantial similarity
The third analysis looks at the similarities, if any, between the two songs. If the degree of access to the first song is high, the amount of proof required to show similarity between the two songs will be lower than if there was not easy access to the first song.

Here, a court will look objectively at which parts of the first song were allegedly copied, such as the melody, lyrics, etc. A court will also look at the subjective opinion of lay listeners, which is basically whether the average person would think the two songs sounded the same or similar enough when listening to them both.

This point in the analysis is where many people argue that it is supposedly acceptable to copy three notes of an existing composition or sample three seconds or less of an existing recording without infringing copyright. In fact, there are no such rules allowing this practice. Infringement is infringement.

If you have looked at the facts and can truly show that someone has either directly copied your song or has had access to your song, and their song is very similar to yours, then you will need to contact an entertainment/copyright litigator to discuss the potential merits of your case. Keep in mind that these lawyers do expect to get paid for their services, although there are a few who may be willing to take important cases on a contingency. Check with the lawyer on his or her practices.

Footnotes:
[1] Bright Tunes Music Corp. v. Harrisongs Music, Ltd., 420 F. Supp. 177 (1976).
[2] Id.
[3] Id. at 179.
[4] Id.
[5] Id. at 180.
[6] Id. at 181.
[7] Id.

This post was originally published at Sonicbids.com.

Disclaimer: This article is for educational and informational purposes only and not for the purpose of providing legal advice. The content contained in this article is not legal advice or a legal opinion on any specific matter or matters. If this article is considered an advertisement, it is general in nature and not directed towards any particular person or entity. This article does not constitute or create a lawyer-client relationship between Erin M. Jacobson, Esq. and you or any other user. The law may vary based on the facts or particular circumstances or the law in your state. You should not act, or fail to act, upon this information without seeking the professional counsel of an attorney licensed in your state.