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



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!



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.

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.


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.


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!



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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. (Zimba Ku)

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.

YouTube Star Michelle Phan Case: Follow Up

music rights owner who allegedly gave, then revoked song permission settles with the makeup how-to video star.

Mayor Butts/Inglewood Follow-Up

“Mayor Butts really made an ass of himself”

City copyright claim against critic over use of city council video dismissed quickly and with prejudice.