“Why didn’t Prince leave a will?” everyone and their mothers seemed to be asking. It’s a reasonable question, but because the subject was Prince, it appeared that people were looking for an answer that was unique or even supernatural. The truth is, we’ll never know why Prince didn’t have a will. I’m not a trust and estates attorney, but even if I was, it wouldn’t matter, because I don’t think the answer is all that extraordinary.
Read MoreA few weeks ago, Taylor Swift (yes, her again) filed for trademark protection (again) for various catchphrases related to her latest album, 1989, such as “This Sick Beat” and “Swiftmas.” Even though musicians do this all the time for merchandising purposes, for some reason it’s particularly newsworthy when Swift does it. But what grabbed my attention this time wasn’t the inexplicable backlash she got (if Ed Sheeran had done it, would people have been so quick to judge?), but the factually inaccurate headlines that went along with it.
Read MoreBetween the migrant crisis in Europe, Congress' inevitable rush towards a government shutdown, and all things Pope, it's been a news-heavy couple of weeks. The world of copyright law has been equally busy; in the span of ten days, federal courts in California unveiled three headline-grabbing opinions, some of which have shaken copyright to its very core.
Read MoreDo you remember the time Donald Trump played “It’s The End of the World as We Know It” at a campaign rally and REM told him not to use their music "for your moronic charade of a campaign?" Or that time John McCain used “Running on Empty” in a TV ad bashing Obama and Jackson Browne sued him? Or that time Rand Paul used “Tom Sawyer” during his Senate run and Rush said that it was obvious Paul “hates women and brown people?"* It seems like every time there’s an election, you can't swing a dead cat without hitting a band upset at a politician for using its music. And with a year left before the general election, it’ll happen a few more times at least.
Read MoreAnd that’s why we have experts testify, isn’t it? Because two reasonable lay persons can come to different conclusions about a thing, and that without expert testimony, the issue would be unresolvable? According to the Rules of Evidence Advisory Committee,”[a]n intelligent evaluation of facts is often difficult or impossible without the application of some scientific, technical, or other specialized knowledge."
Read MoreYou remember Blurred Lines right? It was the smash hit single of 2013 that simultaneously launched (for being catchy) and destroyed (for being rapey) Robin Thicke's career. Well, I'm here to report that this utterly forgettable pop song has now has earned an inauspicious spot in our culture because of a surprisingly foreboding jury decision that found against Thicke and his co-writers Pharrell Williams and Clifford "T.I." Harris, Jr.
Read MoreLast year, Forbes broke the story that Wu-Tang Clan was producing a new 31-track double-album called Once Upon A Time in Shaolin. Only one copy of the album would be produced and auctioned off to the highest bidder. According to RZA, the founding member of NY-based rap group, this was done to combat the heavily commoditized world of modern artistic endeavors.
Read MoreThe past few months have seen a lot of really intriguing legal activity from Swift’s people. First she took her music down from Spotify (by far the most popular streaming music service), meaning the only way to get her new album 1989 is to pay for it directly. A few weeks ago she filed for trademark protection of the phrase “this sick beat” because apparently she thinks there’s a lot of money to be made from it. And just last month she started issuing takedown notices to fans who were selling knock-off Swift merch on Etsy.
Read MoreBeing in opposition to one another doesn’t mean you can’t be magnanimous too. It’s that old chestnut about catching more flies with honey than with vinegar. Judges, juries, and lawyers are people too, and the more they hate you, the less likely they’ll sympathize with you, even if you’re the victim. And while, in theory, the legal system should operate free of bias, the reality is that the “system” is made up of people. And like it or not, people are susceptible to all kinds of prejudices, even if we don’t realize it.
Read MoreIt’s really really really really really really really hard to avoid infringing on copyrights, even if you’re a big multi-national corporation. Sony should have known better, but there is just so much content out there - visual, musical, and otherwise - and the internet has made it tremendously easy to access all of it instantly and without much forethought.
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