sony music entertainment copyright claims

1994). R. Civ. 1, Ex. Composed in hip-hop style, the song reads: Lucy Liu . Cool J. 1393 (C.D. This action is hereby DISMISSED WITH PREJUDICE. 1 at 7, yet alleges no further specifics. A. Neither is the theme of the two works in sync. Santrayll found “that the repetition of the non-protectible word ‘uh-oh’ in a distinctive rhythm comprises a sufficiently original composition to render it protectible by the copyright laws.” See id. § 102(b); see also Shaw, 919 F.2d at 1356. . UMG, Sony Music, Lil Baby, and others are facing $3 million copyright infringement claims from a man who alleges that they stole content from his Facebook. See Docket No. None of the supposed checks worked. This test “looks for substantial similarity in the total concept and feel of two works” as observed by an “ordinary reasonable” observer. 16 at 7. See id. 2 (lines stating “I’m just [an] / Independent Lady” and “I’ve got to be / An Independent Lady”). a. scenario, incident, causal connection & motivation, Plaintiff’s song appears to have as its “scenario” a central “incident” (and, as described above, a “causal connection”) — a last straw convincing her to end her relationship, which also serves as the “motivation” at play. v. Penguin Books USA, Inc. , 109 F.3d 1394, 1398 (9th Cir. LR 7.1(i); United States v. Cheely , 814 F. Supp. Plaintiff further contends that “similar structural devices, such as questions, declarations, [and] speaking to the future” are employed in both songs. 1 at 5-10. I’ve got confidence in me Ms. Self Reliant is my name Being alone won’t bring me pain. See Kouf, 16 F.3d at 1045. But What am I to do when I can’t depend On you to fulfill my every need. See id. While it is true that both pieces of writing contain questions, compare Docket No. The claim is always "Video uses this song's melody". 8If Plaintiff feels she is due royalties for the trio’s use of a single word, one can only imagine how Peter Cetera feels about Plaintiff’s use of the entire phrase “after all that we’ve been through,” a key element in the chorus of two of his hit songs, see, e.g., Peter Cetera, After All, on Collection (Polygram 1997); Chicago, Hard To Say I’m Sorry, on Summer Lovers (Warner Brothers 1982), let alone her use of that phrase as evidence of another’s infringement. As Defendant takes pains to illustrate, “independence” is a commonplace theme in song. The company was hoping to overturn the judgment in the Warner Music Group and Sony Music Entertainment copyright infringement lawsuit that was made in November 2019. See Docket No. 1994) (“Because only those elements of a work that are protectable and used without the author’s permission can be compared when it comes to the ultimate question of illicit copying, we use analytic dissection to determine the scope of copyright protection before works are considered as a whole.”) (internal quotation omitted). SME is Sony Music Entertainment. SONY and/or any of its affiliates shall not be liable for any loss or damage arising out of your use or access, or inability to use or access, the Web Site. https://www.facebook.com/jamesrhodespiano/videos/232063150806956/. On or before Friday, June 1, 2001, Defendant shall file a motion for attorney fees, detailing those fees to be assessed. 14 at 13. 2. 13 is DENIED. 1 at 3-4; id., Ex. Section 505 affords the discretionary “recovery of full costs by or against any party,” and the award of “a reasonable attorney’s fee to the prevailing party as part of the costs.” See 17 U.S.C. However, for the purpose of analysis, the Court finds that a similar test is established for use as to a wide variety of copyrighted material. 6Using what the Ninth Circuit deems “analytic dissection,” 7 Plaintiff breaks down the alleged similarities between the works into the following seventeen categories: format, narration, “narrated tale or scenario,” theme, subject matter, “underlying idea or truth that gives direction and purpose to the song,” moral, incident, causal connection, structure, character, motivation, “dominant psychological peculiarities,” name, setting, “peculiar arrangement of words,” and “peculiar phrasing of passages.” See Docket No. 2d 1177, 1190, id. Who died 300 years ago. Facebook muted the video as a result. . Close This site depends on cookies (see our Cookie Policy for further information). In November 2002, Elektra's agent, Warner Special Products, Inc., entered into an agreement with Sony Music Entertainment, Inc. ("Sony") to grant Sony a non-exclusive license to use a sample of Debra Laws's recording of "Very Special" in the song "All I Have," performed by recording artists Jennifer Lopez and L.L. 10 at 7. 14 at 13. Mar. Because prevailing on a motion for summary judgment does not qualify Plaintiff as a “prevailing party” under the plain meaning of the rule, the Court denies Plaintiff’s motion for attorney fees on that basis, and will instead grant Defendant’s request for an award pursuant to 17 U.S.C. These disparate depictions cannot be considered “substantially similar.”. On January 29, 2001, she thus filed this action alleging violations of Title 17 of the United States Code and seeking injunctive relief. 1 at 8. . Plaintiff “has failed to demonstrate a triable issue of fact.” See Kouf, 16 F.3d at 1046. Instead, Plaintiff points to a clearly “non-protectible” word, “destiny.” See Kouf, 16 F.3d at 1046 (affirming summary judgment grant where linguistic similarities were “similar in random words, at best”). Sony Music Entertainment has been forced to abandon its claim that it owned 47 seconds of video of musician James Rhodes using his own piano to play music … Sony Music Entertainment and Warner Music Group are reportedly suing US-based streaming audio provider TuneIn for copyright infringement in the UK. The song is of the easy listening variety, and has lyrics that read: I’ve just been wondering If you’re wrong, Your decisions are so strong when it comes to Holding me After all that we’ve been through there’s just one thing left to do to retain my dignity And to make you see. All Rights Reserved | The George Washington University Law School. Plaintiff states that in February of 1999 she mailed copies of her song to “over thirty music studios and recording artists . See Docket No. My Music. 2001). See Docket No. Under 17 U.S.C. 2 (“CAN’T YOU SEE? 3. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 91 L. Ed. 2000). 14 at 12. If that’s the way it’s got to be CAN’T YOU SEE?? SONY may change and/or alter the contents of this Web Site, or may suspend or discontinue the services provided through this … 3 at 2 (“Wassup?”), “Independent Lady” contains only one, see id., Ex. 10, Reeves Aff. See Docket No. See 17 U.S.C. Even accepting Plaintiff’s contention that the songs are both premised on the same theme, such a general idea as independence is not itself protected by copyright. 1 at 7, there is no evidence that “Independent Women (Part I)” is necessarily directed at one “character” in particular. Serv. at 3. 1997). I’m just [an] Independent Lady. 1. 14 at 4. . Rather, it appears that the song is split between addressing other women (including Lucy Liu, Drew Barrymore, Cameron Diaz, and members of both Destiny’s Child and their audience) and addressing Charlie Townsend, the Angels’ boss, himself. I can ’ t depend on you to fulfill my every need pursuant to 17 U.S.C as a noun. Be considered “ substantially similar. ” of Shame cases of copyright for it! Provided by sections 106 through 121 finding that “ to the extent that Sony made sufficient alterations in ’! Copyright infringement has occurred a man not to be an Independent Lady a probability of success on the merits nor! Specializing in media distribution, marketing, and the numerous resources attached.! Ct. 2505 ( 1986 ) ns, Inc. v. Rural Tel law. ”,! As sony music entertainment copyright claims Plaintiff won ’ t you see? discussing the interplay between Amendment. 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