Whoomp! (There It Is): The Importance of Contract Drafting

People often assume lawyers just use “form books” for contracts. I’m sometimes asked questions like: Don’t you just have a form for that? Can’t you just send me the standard form agreement? Can you quickly look over this agreement I did myself on the internet?

The fact is that virtually every contract involves unique circumstances. In the case of copyright transfers and licensing, contractual language can be critical. Under the Copyright Act, a written and signed document is required to transfer ownership of a copyright or to transfer exclusive rights to a copyright.

A recent case from the Fifth Circuit Court of Appeals demonstrates the pitfalls of an ambiguously drafted copyright transfer. Continue reading “Whoomp! (There It Is): The Importance of Contract Drafting”

Kanye’s Still Living The “Good Life”

kanye_westKanye West’s label, Universal, scored a legal victory last week in securing partial dismissal of a lawsuit concerning Kanye’s 2007 hit song “Good Life.”

Dayna Staggs, a singer and songwriter, filed a copyright infringement action in the United States District Court for the District of Maryland claiming that “Good Life” was identical in sound and melody to the chorus of Staggs’ song, “Volume of the Good Life.”  On August 14, the Court granted, in part, Universal’s request to dismiss the case.   Continue reading “Kanye’s Still Living The “Good Life””

Is “Promotional Use Only” A Defense?

So, here’s an interesting case pending in Federal Court in Texas:  EsNtion, a dance music record label, has sued TM Studios, the maker and distributor of PrimeCuts, HitDisc, and other “Promotional Use Only” CDs, alleging copyright infringement for copying and distributing EsNtion’s songs (US District Court, Northern District of Texas, Dallas Division, Civil Case No. 07-CV-2027-L). Continue reading “Is “Promotional Use Only” A Defense?”