Recorded before a studio audience: Fair Use, Happy Birthday, Monkey Selfie and more

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This episode was recorded before a live audience at the Dallas Bar Association Sports and Entertainment Law section CLE luncheon on September 23, 2015. thanks to the Section for inviting us!

SHOW NOTES

Canada Officially Extends Copyright Term to 70 Years – correction

We have to correct ourselves. In our last episode, we mistakenly reported that Canada’s copyright term had been extended to “Life Plus 70 Years”. In fact, however, the 70 year term applies only to published Sound Recordings, and isn’t tied to lifespan of the Author. We apologize for the error.

http://www.billboard.com/biz/articles/news/legal-and-management/6612572/canada-offically-extends-copyright-term-to-70-years

http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr02281.html?Open&wt_src=cipo-cpyrght-main&wt_cxt=resources#faq

http://laws-lois.justice.gc.ca/eng/acts/c-42/FullText.html)

http://laws-lois.justice.gc.ca/eng/acts/c-42/page-15.html

http://www.entertainmentmedialawsignal.com/the-complexities-of-canadas-extension-of-copyright-protection-for-sound-recordings

Monkey Selfie is back in the news

PETA ex.rel. Naruto the Macaque v. Slater poses the question whether a wild animal can be the “Author” of a work for copyright purposes.

Complaint: https://files.acrobat.com/a/preview/d44b2aae-83a1-4fce-8f0f-2d0838460b95

Appeals Court Rules Fair Use is a Right, not (just) a defense

Lenz v. Universal must return to curt for determination whether Universal used good faith in considering fair use before issuing DMCA takedown.

opinion http://cdn.ca9.uscourts.gov/datastore/opinions/2015/09/14/13-16106.pdf

Happy Birthday Copyright – Court rules copyright not valid.

The sisters who wrote the melody (more than a century ago)’seem never to have transferred the later-written alternate lyrics to the publisher, so Warner Chappell’s claims must fail. Wow!

Order: http://www.scribd.com/doc/282431790/HBD-Summary-Judgment-Order

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Dr. Luke Might Stand Trial Over Jessie J’s ‘Price Tag’

It sure sounds like the same “groove”, but is that copyright infringement? the court says it’s a triable issue, so the case moves towards trial.

http://www.billboard.com/biz/articles/news/legal-and-management/6656735/dr-luke-might-stand-trial-over-jessie-js-price-tag

http://secondhandsongs.com/work/8578 (Zimba Ku)

https://soundcloud.com/brokennotbeaten/sets/copyrightjessiej

Sampling site – who sampled who http://www.whosampled.com/sample/94773/Jessie-J-B.o.B-Price-Tag-Black-Heat-Zimba-Ku/

http://scitation.aip.org/docserver/fulltext/asa/journal/poma/19/1/1.4799479.pdf?expires=1440379989&id=id&accname=guest&checksum=00C868B4D2BD164171C73352683B2EE7

Exhibition of Aretha Franklin film enjoined

In a hill unusual ruling, a judge granted the Jazz Icon’s request for a prior restraint of film incorporating footage of her performance because she hadn’t given permission for its use.

http://www.hollywoodreporter.com/thr-esq/aretha-franklin-seeks-stop-sales-822825

http://www.hollywoodreporter.com/thr-esq/aretha-franklin-granted-injunction-stop-820609

http://www.hollywoodreporter.com/thr-esq/tiff-aretha-franklin-doc-amazing-820961