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"Potentially Monumental" Ninth Circuit En Banc Decision in Infringement Case Over Led Zeppelin's "Stairway to Heaven" Image

"Potentially Monumental" Ninth Circuit En Banc Decision in Infringement Case Over Led Zeppelin's "Stairway to Heaven"

Robert W. Clarida & Robert J. Bernstein

For the past five years, the copyright bar and the music industry have carefully followed the many twists and turns of the potentially monumental infringement case that asserted that the opening of the iconic Led Zeppelin song "Stairway to Heaven" was copied from the introduction of a little-known 1967 instrumental "Taurus," written by the late Randy California. In March 2020, a unanimous en banc panel of the entire Ninth Circuit affirmed portions of a prior three-judge appellate ruling that "Stairway" did not infringe the Spirit song — and in the process resolved some thorny issues involving substantial similarity and copyright scope that will be important for future litigants

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Kozinski Angle In 9th Circuit's Led Zeppelin Ruling Image

Kozinski Angle In 9th Circuit's Led Zeppelin Ruling

Scott Graham

Defendants Led Zeppelin and its music labels were the winners in the copyright decision by the Ninth Circuit over the song "Stairway to Heaven." But the estate of songwriter Randy Wolfe (p/k/a California) wasn't the only one who got the short end. Among the collateral damage from the ruling was a 2002 precedent written by former Chief Judge Alex Kozinski that endorsed the so-called "inverse-ratio" rule.

Features

CASE Act Explained Image

CASE Act Explained

Ryan W. Morris

The Copyright Alternative in Small Claims Enforcement Act is a proposed congressional amendment to the current copyright statute that would create an alternative dispute resolution program for copyright small claims and other legal proceedings.

Features

A Primer on Rights in Video Game Avatars Image

A Primer on Rights in Video Game Avatars

Andrea Perez

Recent lawsuits have grappled with the fair use of one's likeness in video games, attempting to apply established order to a changing field.

Features

Followup: PBS Wins Verdict In Suit By Fired TV Show Host Tavis Smiley Image

Followup: PBS Wins Verdict In Suit By Fired TV Show Host Tavis Smiley

Katheryn Tucker

It was a trial to remember for Morgan, Lewis & Bockius partner Grace Speights, lead defense attorney for PBS against Tavis Smiley, former long-running…

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Los Angeles Federal Judge Tosses Out Jury's Infringement Verdict Against Katy Perry in "Dark Horse" Song Case Sales Agreement for Film Assets of Distributor in Bankruptcy Doesn't Affect Separate Lender for One of Debtor's Movies

Features

Key Provisions in Film Location Agreements Image

Key Provisions in Film Location Agreements

Maxwell Briskman Stanfield

Property owners granting production companies access to their properties seems like a no-brainer — who wouldn't want their property featured in that next big blockbuster movie or hit television series? However, when filming occurs on private property, a location agreement is a must, from the perspectives of both the production company and the property owner.

Features

Swedish Music Industry Views: Part Two Image

Swedish Music Industry Views: Part Two

Stan Soocher

Among other things, the article discusses the Swedish music industry perspective on the European Union's Copyright Directive, the growth of multi-country music licensing hubs and the impact of Brexit.

Features

Exercising the Extraterritorial Limitation on U.S. Copyright Law Image

Exercising the Extraterritorial Limitation on U.S. Copyright Law

Robert J. Bernstein & Robert W. Clarida

A necessary element of secondary liability claims is an underlying infringement of U.S. copyright law by a third party. If the activities abroad are not subject to the law, the predicate direct infringement required for the imposition of secondary liability cannot be established.

Features

'Vanicorn' Lawsuit Filed over Pixar, Disney Film Image

'Vanicorn' Lawsuit Filed over Pixar, Disney Film

Scott Graham

A unicorn-loving tattoo artist alleges that Pixar and Disney have tricked her into letting them use her "Vanicorn" in the upcoming film Onward. Her suit accuses the companies of copyright infringement, and violations of state and federal laws protecting artwork.

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