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How to Handle Frivolous Lawsuits Alleging Song Copyright Infringement
No group of creative contributors to the entertainment business is more susceptible to frivolous lawsuits than songwriters. They are easy targets because of the burdens attendant to defending against claims of copyright infringement; and they are inviting targets because of the perception (not always justified) that there are 'deep pockets' associated with a successful song and by being a successful songwriter.
The methodology employed by an unscrupulous plaintiff ' sometimes aided and abetted by an equally unscrupulous counsel ' may vary, but the prototypical scenario is fairly predictable. A claim is asserted, generally for very substantial damages, alleging that the defendant songwriter infringed a pre-existing song authored by the plaintiff. In the majority of frivolous suits, the plaintiff's song has never been commercially released or otherwise exploited, but claims are made that the plaintiff's song was written prior to the defendant's composition, that it was sent to various publishers and record companies and that the defendant must have heard the song at the offices of one or more of those recipients. Indeed, the script will almost always include the publisher and any labels with which the defendant is known to have some historical or ongoing relationship.
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