Tag Archives: music

Amicus brief in Smith v. Drake fair use case

With the able assistance of UCI’s IP clinic, led by Jack Lerner, I worked on an amicus brief in this case arguing that fair use should continue to be a flexible standard that accommodates various types of transformativeness. The brief … Continue reading

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Sony’s claim that Michael Jackson performed songs on album was just its opinion

Serova v. Sony Music Entertainment, — Cal.Rptr.3d —- , 2018 WL 4090622, No. B280526 (Ct. App. Aug. 28, 2018) [This case says a bunch of stuff that’s way too broad for the facts; people who are concerned about things like … Continue reading

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Three little words make a fair use

Oyewole v. Ora, 291 F.Supp.3d 422 (S.D.N.Y. 2018) This case grants a motion to dismiss on fair use grounds, though it should have been on lack of substantial similarity in protected expression. Oyewole is a founding member of the spoken-word … Continue reading

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2017 IPSC Conference at Cardozo School of Law

Usual disclaimers; there were lots of overlaps where I had to make tough choices, and I favored presentations where I hadn’t previously commented on drafts. Day 1 Breakout Session I Trademark Doctrine Mapping Confusion – Mark. P. McKenna & Rebecca … Continue reading

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2017 IPSC Conference at Cardozo School of Law

Usual disclaimers; there were lots of overlaps where I had to make tough choices, and I favored presentations where I hadn’t previously commented on drafts. Day 1 Breakout Session I Trademark Doctrine Mapping Confusion – Mark. P. McKenna & Rebecca … Continue reading

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Transformative work of the day, you don’t stop edition

40 Years of Hip Hop, condensed into 4 minutes. from Blogger http://ift.tt/2rFNXwT

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Reversing meaning is transformative in use of composition, court rules

Smith v. Cash Money Records, Inc., No. 14-cv-02703 (S.D.N.Y. May 30, 2017) In 1982, Jimmy Smith recorded a mostly instrumental album released by Elektra/Asylum Records titled Off the Top.  The last track is a spoken-word recording titled “Jimmy Smith Rap” … Continue reading

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