Copyright Developments

In Acuti v. Authentic Brands Grp. LLC, 33 F.4th 131 (2d Cir. May 4, 2022), the Second Circuit considered an appeal regarding the rights to the musical composition “Can’t Help Falling in Love,” written in part by Hugo Peretti and made popular by Elvis Presley.  The song was created in 1961, under the 1909 Copyright Act, which provided for an initial copyright term of 28 years with a contingent right to renew the copyright for an additional 28-year renewal term.

The retransmitter of unlicensed copyrighted programming could not escape infringement liability when its charges to users exceeded its costs, despite its effort to characterize its charges as “recommended donations.”  Following motion practice, the retransmitter service is no longer operational.

Update:  This article was republished in the October 2021 issue of The Licensing Journal published by Wolters Kluwer.

Biz Markie (born Marcel Theo Hall), popularly known as hip-hop’s clown prince, passed away on July 16, 2021 at the age of 57. Biz’s innovative beats and lovably goofy lyrics left their mark on the music industry in more ways than one.

The Supreme Court recently denied a petition for a writ of certiorari in a much-watched copyright case, leaving in place a March 2020 Ninth Circuit en banc opinion that cleared Led Zeppelin of allegations that the beginning of “Stairway to Heaven” infringed “Taurus,” written by Randy Wolfe and performed by the band Spirit.  The Court’s denial leaves undisturbed the Ninth Circuit’s decision concerning the scope of the relevant copyright under the 1909 Copyright Act and the status of the inverse ratio rule in the Ninth Circuit.

Two recent decisions, one hailing from the Ninth Circuit and the other from the Southern District of New York, deal with the protectability of short phrases in musical compositions.