Trademark Suit Out of Sync with Copyright Infringement

(July 26, 2016) A karaoke track distributor’s attempt to claim trademark infringement for what really was copyright infringement hit a sour note with the Seventh Circuit. Phoenix Entertainment Partners, formerly Slep-Tone, distributes karaoke accompaniment tracks under the trademark Sound Choice to bars. Because of changing technology, the company allows its customers to transfer the tracks […]
Continue Reading

LA Court Sings Different Madonna Copyright Tune Than Nashville

(June 3, 2016) If you are going to sample notes from a sound recording, do it in LA not Nashville to avoid an infringement claim. The Ninth Circuit found no copyright infringement with Madonna’s recording of Vogue because the song’s use of 0.23 second of a horn hit from a recording of Ooh I Love […]
Continue Reading

Blogger Made Fair Use of ‘Ugly’ Photo of Tycoon

(September 21, 2015) The copyright holder of an unflattering and embarrassing candid photograph cannot stop the use of his image in several scathing blog posts because it is a fair use. Raanan Katz is a minority investor in the Miami Heat basketball team and a commercial real estate tycoon who owns and operates shopping centers […]
Continue Reading