Copyright for Performing & Fine Arts

Tested the limits of fair use for artistic experimentation.

This lawsuit alleged that the song "Blurred Lines" by Pharrell Williams, Robin Thicke, and Clifford Joseph Harris (T.I.) illegally copied from Marvin Gaye's "Got to Give it Up" and "Sexy Ways." In a controversial decision, Willams and Thicke were ultimately found to be liable for copyright infringement.

Copyright holders must consider fair use before taking down content posted on the internet.

Determined that the first-sale doctrine (the ability to re-sell a recording one originally purchased) did not apply to digital recordings.

Determined that music downloads do not constitute public performances, preventing ASCAP from charging higher royalty fees for those transactions.

Determined that karaoke machine makers are required to pay royalties for the music and lyrics included with their machines.

Determined that consumers cannot save "try before you buy" samples of songs without paying for those samples or paying royalties for the samples in some other way.

Napster was held accountable for contributory and vicarious copyright infringement.

Determined that the Rio (a device made by Diamond) did not meet the requirements for a "digital audio recording device" because it did not store crucial copyright information when making transfers.

Established that a commercial parody can qualify as fair use.

Helped determine what qualifies as a parody and what constitutes fair use.

Consult this database from the George Washington University Law School and Columbia Law School for more info about the cases above--and many other U.S. music copyright infringement cases, dating back to 1844.