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"Potentially Monumental" Ninth Circuit En Banc Decision in Infringement Case Over Led Zeppelin's "Stairway to Heaven" Image

"Potentially Monumental" Ninth Circuit En Banc Decision in Infringement Case Over Led Zeppelin's "Stairway to Heaven"

Robert W. Clarida & Robert J. Bernstein

For the past five years, the copyright bar and the music industry have carefully followed the many twists and turns of the potentially monumental infringement case that asserted that the opening of the iconic Led Zeppelin song "Stairway to Heaven" was copied from the introduction of a little-known 1967 instrumental "Taurus," written by the late Randy California. In March 2020, a unanimous en banc panel of the entire Ninth Circuit affirmed portions of a prior three-judge appellate ruling that "Stairway" did not infringe the Spirit song — and in the process resolved some thorny issues involving substantial similarity and copyright scope that will be important for future litigants

Features

Kozinski Angle In 9th Circuit's Led Zeppelin Ruling Image

Kozinski Angle In 9th Circuit's Led Zeppelin Ruling

Scott Graham

Defendants Led Zeppelin and its music labels were the winners in the copyright decision by the Ninth Circuit over the song "Stairway to Heaven." But the estate of songwriter Randy Wolfe (p/k/a California) wasn't the only one who got the short end. Among the collateral damage from the ruling was a 2002 precedent written by former Chief Judge Alex Kozinski that endorsed the so-called "inverse-ratio" rule.

Features

CASE Act Explained Image

CASE Act Explained

Ryan W. Morris

The Copyright Alternative in Small Claims Enforcement Act is a proposed congressional amendment to the current copyright statute that would create an alternative dispute resolution program for copyright small claims and other legal proceedings.

Features

A Primer on Rights in Video Game Avatars Image

A Primer on Rights in Video Game Avatars

Andrea Perez

Recent lawsuits have grappled with the fair use of one's likeness in video games, attempting to apply established order to a changing field.

Features

Followup: PBS Wins Verdict In Suit By Fired TV Show Host Tavis Smiley Image

Followup: PBS Wins Verdict In Suit By Fired TV Show Host Tavis Smiley

Katheryn Tucker

It was a trial to remember for Morgan, Lewis & Bockius partner Grace Speights, lead defense attorney for PBS against Tavis Smiley, former long-running…

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Los Angeles Federal Judge Tosses Out Jury's Infringement Verdict Against Katy Perry in "Dark Horse" Song Case Sales Agreement for Film Assets of Distributor in Bankruptcy Doesn't Affect Separate Lender for One of Debtor's Movies

Features

Supreme Court Defers to State Law on Ownership of Tax Refund Image

Supreme Court Defers to State Law on Ownership of Tax Refund

Michael L. Cook

High Court Rejects Application of Bob Roberts Rule Federal courts should "turn to state law to resolve" a "fight over a tax refund," held a unanimous U.S. Supreme Court in Rodriquez v. FDIC (In re United W Bancorp., Inc.)

Features

Conducting Internal Investigations During the COVID-19 Pandemic Image

Conducting Internal Investigations During the COVID-19 Pandemic

Jacqueline C. Wolff, Scott T. Lashway, & Matthew M.K. Stein

In times of crisis, criminal activity — particularly crimes involving theft and fraud — tend to spike. There is no reason to believe that the Covid-19 pandemic and the unrest in the financial markets will be any different. An important difference for company counsel, however, will be in how the malfeasance, negligence or wrongdoing can be investigated.

Features

Expect Flurry of Bankruptcy Filings With Coronavirus Slowdown Image

Expect Flurry of Bankruptcy Filings With Coronavirus Slowdown

Lidia Dinkova

Potential Clients Are Reaching Out to Bankruptcy Attorneys to Assess the Need for Business Filings Bankruptcy attorneys expected to get calls as the coronavirus pandemic swiftly slowed the economy — and they were right.

Features

What a Difference 3 Months Can Make Image

What a Difference 3 Months Can Make

Lisa Brown

The coronavirus has brokers guessing as to how this will affect leasing in the short term, and a report says leasing activity is likely to have a degree of decline in transaction volumes compared to pre-crisis expectations

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