Musician Miley Cyrus, record label RCA Records, and songwriter Michael May (a/k/a Flourgon) settled the parties’ dispute over Cyrus’s hit song “We Can’t Stop.” Flourgon alleged Cyrus’s hit unlawfully infringed copyrighted material in his previously recorded song “We Run Things.” What does the U.S. Copyright Act of 1976 (the “Copyright Act”) provide regarding music, and what damages are available to the owner of an infringed copyright? The Basics of Copyright Law As discussed in Lindley Law’s prior blog post, a copyright protects an original work of authorship “fixed in any tangible medium of expression.” “Copyright” is not a single right, in the literal sense. Instead, it refers to…
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TOM PETTY’S WIDOW, DAUGHTERS “WON’T BACK DOWN” IN TRUST DISPUTE
Famed rock singer, Tom Petty, passed away in 2017. Nearly two years later his widow, Dana York Petty, and his daughters from a previous marriage, Adria and Annakim Petty, remain embroiled in a legal dispute over the musician’s estate. In the petition filed with the probate court in Los Angeles, California, Dana asserts her authority as the sole trustee of Petty’s trust. This issue does not appear to be in dispute; however, Petty’s daughters contend they have full authority to manage Petty’s catalogue of music recordings. Despite Petty’s efforts to avoid such a dispute by creating a trust with directives for managing its assets, Petty’s widow and daughters disagree…
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EMI DOESN’T LOVE KANYE LIKE KANYE LOVES KANYE
Recording artist Kanye West and music publisher EMI are currently embroiled in dueling lawsuits with each other regarding an alleged breach of West’s co-publishing contract with EMI. West, who filed a complaint against EMI in court in California, asserts that California law should govern the terms of the contract. He also asserts that the contract amounts to a contract for personal services that began in 2003, thus violating a California statute that limits personal services contracts to seven years or less. Conversely, EMI filed a complaint in New York, asserting that New York law governs due to the choice of law provision in the contract. EMI also asserts that West’s…
