Take a moment and visit www.thesessionplayers.com. It features video and interviews with Nashville session musicians. I definitely give it two snaps and a circle!
One of the most common questions I receive from clients is what constitutes “fair use” under copyright law. They are surprised to hear that it is a flexible concept which requires weighing several factors. And…for the record…the fact that you ain’t makin no money on it isn’t a get out of jail free card.
The case below has a nice explanation (and application) of those factors relating to the online term-paper plagiarism detector, Turnitin.com. The legal discussion starts on page 7.
My daughter (Brianna Hugan) did her first pro session at Oceanway in Nashville on Sunday. She’ll begin 9th grade at Nashville School of the Arts next fall. Papa is proud! Here’s a pic in Oceanway’s Control Room A:
I have been invited to sit on a panel at Kirsti Manna’s Songwriter Girl camp in Nashville on May 16th, 2009. Kirsti is a great songwriter whose songs have been cut by Blake Shelton, Big and Rich, and others.
You probably know that safe harbor provisions of the DCMA offer ISP’s a layer of protection from lawsuits resulting from their subscriber’s infringing conduct.
However, did you know that website operators have almost absolute immunity from defamation claims (arising from third-party posts), even if the operator knows the posted information is defamatory?
Section 230 of the Communciations Decency Act offers this protection. Dang! Not good for persons being defamed.
Here is a recent case applying this law. An application for appeal to the US Supreme Court is pending.
I enjoyed watching Travis Henry run over people when he played for the Titans. That’s a far cry from being tackled by the police while carrying a duffle bag of dope.
A Texas songwriter filed suit claiming Tim McGraw’s song “Everywhere” infringes on one of his compositions. The lawsuit was originally filed in Texas but was transferred to the U.S. District Court in Nashville.
Plaintiff must prove that Defendants had “access” to his prior composition. The complaint is vague on this issue and also implies that Terri Clark recording(s) also infringe on his work.
I think Plaintiff may have some problems with the applicable Statute of Limitations. Also, Plaintiff will have to establish how Defendants had access to his work–vague allegations won’t cut it unless the songs are strikingly similar.
Jay Bowen and Tim Warnock represent all defendants. Here’s copy of the complaint: mcgraw
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DISCLAIMER
Information posted to this blog is for entertainment purposes only and is not legal advice. Users of this blog agree that no attorney-client relationship arises by reading or relying on information posted herein. Every matter is unique and must be evaluated by a legal professional. Contact your local bar association if you need a referral to a qualified attorney.
ABOUT THE AUTHOR
Christopher Hugan, Esq. is an entertainment and intellectual property attorney practicing in Nashville, Tennessee. His practice includes copyright law, trademarks, music transactions, and civil litigation. He can be reached at (615) 259-4685 or via
email.
Mr. Hugan worked as a musician and recording engineer in Los Angeles and Nashville prior to attending law school. He received the 1985 Tommy Tedesco Studio Scholarship to Musician’s Institute (located in Hollywood, California) and graduated from there with honors. He is a voting member of the Recording Academy (Grammy). He received his undergraduate degree in Chemical Engineering from the University of Kentucky.
Mr. Hugan is a member of the American Bar Association, Tennessee Bar Association, Nashville Bar Association, and the Tennessee Volunteer Lawyers for the Arts. He is a member of the advisory board for the Nashville Jazz Workshop.