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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Don’t Let These Two Imposter Scams Fool You
The IRS Imposter Scam Calls from the IRS can be scary especially if the person on the other end of the line threatens to arrest if you if you do not immediately pay your unpaid taxes. This scam is on the IRS’ “Dirty Dozen” list which is a list of scams involving the IRS. Many of the other scams on the list are aimed at taxpayers who try to cheat the system, whether it’s hiding their money in off-shore tax shelters or falsely inflating refund claims. However, this one is aimed at scamming the taxpayer, not the IRS. According to the Treasury Inspector General for Tax Administration (TIGTA),…
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North Carolina Business Court Weights in on Attorneys’ Fees in Class Action Settlements
Recent decisions by the North Carolina Court of Appeals and North Carolina Business Court (NCBC) shed light on a previously unsettled question of law: when can a North Carolina trial court award attorney’s fees as part of a class-action settlement in the absence of additional statutory authority? Long-standing precedent is that a court can award attorneys’ fees to a prevailing party when statutorily authorized to do so.[1] This practice is known as the “American Rule.” The intended purpose of the American Rule is to encourage the conservation of judicial resources by promoting settlement and discouraging unnecessarily prolonged litigation.[2] Regarding…
