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The U.S. Court of Appeals for the Fifth Circuit ruled in favor of internationally successful hip-hop duo Macklemore & Ryan Lewis in a music sampling suit brought against them by New Orleans jazz musician Paul Batiste. Batiste v. Lewis, 19-30400 (5th Cir. 2020). The decision is notable for the Fifth Circuit’s use of the “widespread dissemination” and “chain of events” tests to determine whether the defendants had access to Batiste’s works, neither which approach it said it had previously expressly adopted. In the opinion, the 5th Circuit also weighed in on the controversial Sixth Circuit opinion in Bridgeport Music Inc. v. Dimension Films, 383 F.3d 390 (6th Cir. 2004), which held that any sampling — even if digitally altered — from a pre-existing sound recording is automatic copyright infringement.
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How U.S. Court Ruled Whether France’s Right of Publicity Law Is Descendible
By Stan Soocher
Battles over celebrities’ estates often end up in litigation, but a recent court ruling involving the estate of French oceanic explorer, environmentalist and documentary filmmaker Jacques Cousteau included a not-often-seen right of publicity consideration: how a U.S. court determines whether right-of-publicity protection in another nation is descendible.
Allocation Issues for Settling Weinstein Sex Assault Claims
By Heidi Reavis
This article examines the recent judicial dialogue concerning allocation of Weinstein settlement proceeds among Weinstein crime victims, Weinstein Company creditors and defense counsel who have defended the Weinstein corporate officers and directors, and the overall negative impact these various episodes of the Weinstein settlement story likely have on victims’ willingness to participate or come forward at all.
Evolving Court Views on Content Embedding
By Shaleen J. Patel and Mike Hobbs
Recent legal and procedural developments associated with the ubiquitous Instagram social media site have created significant practical and legal risks for both copyright owners and account holders that entertainment industry professionals should note.
What 11th Circuit Ruled in Copyright Suit Over Netflix’s Narcos Series
By Michael A Mora
The U.S. Court of Appeals for the Eleventh Circuit ruled in favor of Netflix in finding that one of its shows didn’t infringe the copyright of a Colombian journalist who wrote a memoir about her affair with drug kingpin Pablo Escobar and the rise of the Colombian drug trade.
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