YouTube star Michelle Phan, who posts videos about makeup, has been sued by the Ultra recording and publishing companies (we’ll just call them “Ultra”). The suit alleges copyright infringement based on the music soundtracks in Phan’s videos. As of this writing, Phan’s YouTube channel has 6,749,142 subscribers and 981,217,011 views, so, while her videos may not be everyone’s thing (I don’t happen to watch a whole lot of makeup tutorials myself), there are big dollars and a lot of viewer eyeballs at stake. So – can you play music in your YouTube videos?
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Archives: Music Law
Music Copyright Issue: Can a Restaurant Owner be Personally Liable for Playing Unlicensed Music?
June 17, 2014
Recently, I was watching a hockey game on TV with some friends. During the breaks in the action, the old familiar Jock Jams were playing on the arena’s speakers. One of the folks in the room asked whether they have to pay to use those recordings. Yes, they do: it’s a public performance, subject to the restrictions found in the Copyright Act. The same applies to other public venues, such as restaurants and bars. Naturally, the restaurant owners aren’t out there asking the Beatles for their OK to play “Hey Jude” during dinner service. Instead, the rights are administered by…
Trademark Dispute: Elvis v. Baretta
April 22, 2014
Elvis Presley Enterprises (EPE), which represents the interests of the estate of Elvis Presley, has filed suit in a Federal Court based in Tennessee against the gun manufacturer Beretta. EPE claims that a Beretta campaign surrounding the launch of the model 692 shotgun gave rise to claims of violation of the Federal Lanham Act (which governs trademarks and unfair competition), Tennessee and Nevada right of publicity, and common law unfair competition. It’s unknown whether EPE’s attorneys shot out their TVs when they first saw this allegedly infringing campaign.
“One Love” Indeed – Bob Marley Estate Sues Chicken Chain
December 16, 2013
“One Love” Indeed – Bob Marley Estate Sues Chicken Chain The estate of Bob Marley has filed suit against a Louisiana-based chicken finger restaurant chain, Raising Cane’s, over Raising Cane’s registration and use of the trademark ONE LOVE. Whose rights to “One Love” are superior, and why did the Marley estate wait so long to take action?
