“Haters Gonna Hate, Hate . . . .”  Can Taylor Swift “Shake it Off”?

On September 18, 2017, songwriters Sean Hall and Nathan Butler filed a lawsuit against Taylor Swift in the United States District Court for the Central District of California.

Hall and Butler are the co-authors of the 2000 song “Playas Gon’ Play” which was recorded by the girl group 3LW.  Their complaint alleges that Taylor Swift’s 2014 hit song “Shake it Off” copied “Playas Gon’ Play.”

A copy of the complaint is available here.

Unlike the recent barrage of music copyright lawsuits, this lawsuit does not claim that the melody, “hook,” or other musical elements were copied.  Rather, this lawsuit claims that Swift’s song copied the plaintiffs’ lyrics.

Playas Gon’ Play” contains the following lyrical phrase:

Playas, they gonna play / And haters, they gonna hate.

The plaintiffs claim that Taylor Swift infringed their song by using the following lyrical phrase in “Shake it Off”:

Cause the players gonna play, play, play, play, play and the haters gonna hate, hate, hate, hate, hate.

Continue reading ““Haters Gonna Hate, Hate . . . .”  Can Taylor Swift “Shake it Off”?”

ISPs Agree to Alert Piraters in New Copyright Enforcement Plan

Last week, a group of major internet service providers (ISPs)—including AT&T, Verizon, Comcast, Cablevision, and Time Warner Cable—all agreed to a new enforcement plan against music and movie piracy. The internet giants signed a voluntary “Memorandum of Understanding” with content owner representatives (including the RIAA and MPAA) to create standard practices of “copyright alerts” directed at users flagged for possible infringement.

Continue reading “ISPs Agree to Alert Piraters in New Copyright Enforcement Plan”

Copyright 101: Summary of Common Music Licenses

Like any other property, music copyrights and the individual exclusive rights thereof, can be transferred, sold, licensed, and divided among several owners.  In general, to use recorded copyrighted music, you will need permission from both the musical work owner (typically a publisher) and the sound recording owner (typically a record company).  Note, however, if you re-record a song (instead of using a pre-recorded version), permission is only required from the musical work owner (since you are not using someone else’s sound recording). 

Following are descriptions of common music licensing agreements.  In a later post,  I will discuss some of the specific ways in which music is used on the Internet and the types of licenses required.  Continue reading “Copyright 101: Summary of Common Music Licenses”

Copyright 101: An “Old” Song Is Not Necessarily In The Public Domain

A common misconception is that all “old” songs are not protected by copyright law.  While this is certainly true in some cases, it’s important to understand that determining the length of copyright protection for any particular song is not that simple.  Copyright protection can last for a very long time.  Continue reading “Copyright 101: An “Old” Song Is Not Necessarily In The Public Domain”

Copyright 101: Creation Of A Copyright

Now that you’ve written and recorded a song, how do you protect it? How do you copyright it?

The good news is that as long as it is your original song and you’ve written it down or recorded it, the song is entitled to copyright protection. Under the Copyright Law, a song is immediately entitled to copyright protection upon the satisfaction of the following criteria:

  1. It must be an “original work[] of authorship”; and
  2. It must be fixed “in any tangible medium of expression, now known or later developed,” such as written sheet music or a CD, MP3, or other recording. Continue reading “Copyright 101: Creation Of A Copyright”

Copyright 101: Every Recorded Song Has At Least Two Copyrights

It is a common misunderstanding that a song only has one copyright.  For anyone who creates music, uses existing music, or is otherwise involved in the music business, it is important to understand that there are actually at least 2 copyrights involved in every recorded song:  (1) the musical work copyright and (2) the sound recording copyright. Continue reading “Copyright 101: Every Recorded Song Has At Least Two Copyrights”