On August 18, the D.C. Circuit directed the Copyright Royalty Board (“CRB”) to reconsider what royalties are owed to artists by Music Choice for its streaming services, vacating the final determination of the Copyright Royalty Board. In the Court’s view, the CRB wrongfully excluded internet transmissions from the grandfathered royalty rate paid by some music services that were early providers of digital music transmissions under the Digital Millennium Copyright Act (“DMCA”). Music Choice v. CRB, No. 19-1011
Media and Entertainment
A “Dark Horse” Victory for Katy Perry: Central District of California Overturns $2.8M Copyright Verdict
By Anisha Shenai-Khatkhate on
Nearly eight months after a trial that culminated in an adverse jury verdict, pop singer Katy Perry recently achieved a “Dark Horse” victory, proving that the legal battle was “Never Really Over.”
Second Circuit Finds Use of “Who’s on First” Routine Not to Be Fair Use
By Alexander Kaplan on
The U.S. Court of Appeals for the Second Circuit, in a unanimous 3-0 ruling, decided that a Broadway play’s verbatim performance of a full minute from the iconic Abbott and Costello routine, “Who’s on First,” in a scene between an introverted, small-town boy and his demonic sock puppet, was not…