![]() Lawyers expect the case to set a precedent. The “Stairway to Heaven” case is slated for rehearing en banc-meaning 11 appellate judges in the Ninth Circuit will decide the case versus the typical panel of three-in September. Image: Everett Collection (Originally published June 23, 2016) Led Zeppelin did not steal the opening bars of its 1971 mega-hit “Stairway to Heaven” from the band Spirit, a Los Angeles federal jury decided in June 2016. “When Katy Perry uses it and makes it a No. Songs that were collecting dust in the archives become worth more if they are “I would think this is a lucrative market to consider Plaintiffs and their lawyers, said Christopher Buccafusco, a professor at Cardozo Perry’s team, it is significant to potential Industry is doing fine.” He added that the vast majority of copyright casesĮither settle or get dismissed before trial.Ĭlients sought justice for unauthorized taking of their valuable creation. The way back to the inventions of the player piano and then the radio. Said: “While losing defendants in music-copyright cases often issue doomsdayįorecasts for the music world, we’ve been hearing similar predictions going all Michael Kahn, attorney for the plaintiffs, Perry, the damages were assigned based on the jury’s finding that 22.5% in profits from “Dark Horse” were thanks to material infringed from “Joyful Noise.” In such cases, juries must determine whether the defendant could have access to the alleged infringed song and whether the songs are substantially similar.īeat found in the songs that the singer’s defense argued are so common they canīe found in tunes as standard as “Mary Had a Little Lamb.”ĭefense counsel Christine Lepera called the verdict a “travesty of justice.” “Thinking Out Loud” and the classic rock anthem “Stairway to Heaven.” Others say these cases help protect the creativity of artists.Ĭases currently before judges involve modern hits, including Ed Sheeran’s Trial, with streaming services making nearly every song in history availableįor comparison, and courts deciding that songs that merely sound similar are Many are predicting more copyrightĬases-historically settled behind closed doors, if contested at all-will go to In 2016, the Ninth Circuit Court of Appeals in San Francisco affirmed the district court’s finding and singers/songwriters Robin Thicke and Pharrell were ordered to pay $5.3 million for copying the 1977 Marvin Gaye hit “Got to Give It Up.”Īttorneys, musicologists and songwriters say these cases are unfairly punishingĪrtists for using generic musical elements. The case confirms fears many in the industry had following the 2015 trial over the song “Blurred Lines,” in which the scope of copyright infringement was extended beyond melody and lyrics to include elements contributing to the sound and feel of the music. Perry was responsible for $550,000 and her labelįor $1.3 million, with producers paying most of the rest. Of the $2.8 million in damages awarded to “Dark Horse” that resemble the 2008 Christian rap song “Joyful Noise,” by Perry’s case found the singer and other defendants liable for parts of her hit “I think every music lawyer in the country is screaming right now,” said music-trial litigator Ed McPherson, a copyright specialist whose clients have included Lady Gaga, Fergie and Limp Bizkit. Has lawyers concerned about similar lawsuits and songwriters worried about In deciding last week that Katy Perry’s 2013 hit “Dark Horse” copied an 11-year-old Christian rap song, a federal jury in Los Angeles contributed to what music executives worry is a growing trend: infringement cases that claim some of the industry’s most popular songs are rip-offs.Ĭollaborators must pay $2.8 million in damages, the jury found, a decision that Perry’s 2013 hit ‘Dark Horse’ that resemble the 2008 Christian rap song ‘Joyful Noise.’ Wrote ‘Stairway to Heaven’? Music Industry Braces for Copyright Suits A $2.8 million judgment against Katy Perry has record business worried about an onslaught of infringement cases A jury found the singer Katy Perry and other defendants liable for parts of Ms.
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