Airline Sued Over In-Flight Music Videos

Arista Music et al. v. United Airlines Inc. et al., No. 13-cv-7451 (S.D.N.Y. filed Oct. 22, 2013).

Plaintiffs are multiple record labels suing United Airlines for alleged copyright infringement.  Plaintiffs allege that United is transmitting performances of the Plaintiff's music videos and sound recordings, without Plaintiffs' authorization, to airline passengers for in-flight entertainment.

Suit Filed Over Beatles Movie

Ace Arts LLC v. Sony/ATV Music Publishing LLC et al.; No. 13-cv-7307 (S.D.N.Y. filed Oct. 16, 2013).

The Beatles' music publisher and record company were sued in connection with plaintiff's contract to distribute a film, The Beatles: The Lost Concert, which documents the impact the Beatles had in the USA and their first concert in Washington DC in 1964.  Plaintiff claims $100 million in damages for alleged violation of the Sherman Act, tortious interference with contract, interference with prospective economic relations, unfair competition, and violation of the N.Y. General Business Law.

New Suits Against Labels

Two suits were filed yesterday in SDNY against various record labels:

Grant v. Warner Music Group Corp. and Atlantic Recording Corp., No. 13-cv-4449 (alleging violation of the Fair Labor Standards Act concerning failure to pay employees minimum wages and overtime compensation).

Slip-N-Slide Records Inc. v. The Island Def Jam Music Group, No. 13-cv-4450 (seeking an accounting, declaratory judgment and claiming breach of fiduciary duty relating to defendant's agreement to manufacture and distribute sound recordings of plaintiff's artists).

Bieber and Usher Sued For Copyright Infringement; "Somebody To Love"

Copeland v. Bieber et al., No. 2:13-cv-00246 (E.D. Va. filed May 2, 2013).

Justin Beiber and Usher were sued by authors of the song "Somebody to Love" for alleged copyright infringement.  The notable aspect of the Complaint is the level of detail the Plaintiffs include in alleging the extent of copying and comparing the two works (at paragraph 47).

Chubby Checker Files Trademark Case

Evans v. Hewlett Packard Co., (S.D. Fl. filed Feb. 11, 2013).

Chubby Checker, famous for "The Twist", sued Hewlett Packard and Palm for, inter alia, trademark infringement in relation to a mobile app available on Palm devices called “The Chubby Checker.”  The app allows users to calculate the size of a man's penis based on his shoe size.

Gershwin et al. v. WB Music Corp., No. 650117/2013 (Sup. Ct., N.Y. Co. filed Jan. 11, 2013).

Plaintiffs, successors-in-interest to the rights/copyrights of George Gershwin -- composer of iconic 20th Century music such as "Porgy and Bess" and "Rhapsody in Blue" - brought a contract action seeking to redress the Defendants' failure to pay music publishing royalties and other amounts ($5 million alleged damages).  The claims at issue are related to, inter alia, foreign rentals, ballet licensing, concert grand rights licensing, and performance rights organizations registrations.  Complaint here.

Sugarhill Sues Over "Uptown Anthem"

Sugarhill Music Publishing v. Warner/Chappel Music, Inc., No. 1:12-cv-09225-PAC (S.D.N.Y. complaint filed Dec. 19, 2012).

According to the complaint, plaintiff owns the copyright in the musical composition "That's The Joint" (1981), and defendants co-own the copyright in the musical composition "Uptown Anthem" (1991).  Plaintiffs allege in paragraph 7 of the complaint that defendants' song incorporates plaintiff's song by "using the three-syllable vocal phrase 'We gonna' and rhythmic pattern a total of 41 times, as a strong hook in the song."

Black Keys Sue Over Song In Commercials

Daniel Auerbach et al. v. The Home Depot, Inc., No. 2:12-cv-05386 (C.D. Cal. filed 06/21/12) [Doc.1]

The Black Keys sued the Home Depot, and in a related action Pizza Hut, for the alleged unauthorized use of the single "Lonely Boy" (released 2011) in commercials.  The sole cause of action is for copyright infringement.

ReDigi Sued For Copyright Infringement

Capital Records Inc. v. ReDigi Inc., No. 1:12-cv-00095 (SDNY filed 1/6/2012).

Plaintiff alleges copyright infringement arising from defendant's contributory, vicarious, and inducement of the willful and systemic use of plaintiff's original sound recordings on defendant's "ReDigi" music service. Defendant is an internet business whose stated purpose is to help consumers buy and sell "used" digital music files. Plaintiff seeks $150,000 per infringement (maximum statutory damages for willful infringement).

Example Of "Public Performance" Complaint Against Radio Station

MPCA King Of Spades, et al. v. T.E.C. 2 Broadcasting, Inc. et al., Index No. 1:11-cv-0080-JPJ-PMS (W.D. Va. filed Oct. 24, 2011).

Plaintiffs are affiliates of SESAC, a performing rights society, and seek injunctive relief and damages for defendants' allegedly unauthorized public performances of plaintiffs' copyrighted musical compositions on defendants' owned and operated commercial radio station.