Copyright Infringement and More Copyright Infringement on Entertainment Law Update Podcast
The latest Entertainment Law Update Podcast with music lawyer Tamera Bennett and film attorney Gordon Firemark covers the biggest headlines in copyright, trademark, and entertainment law.
Supreme Court Lacks Quorum Due to Publishing Conflicts
Baker v. Coates, 24-6839 (2025) Links: MSN Coverage | Bloomberg Law
The Supreme Court denied certiorari in a copyright infringement action, as five justices recused themselves due to conflicts of interest arising from their publishing agreements with Penguin House, the defendant's parent company. Without a quorum, the Second Circuit's judgment affirming dismissal of the infringement claims remains undisturbed.
Isaac Hayes Estate Wins Partial Victory Against Trump Campaign
Isaac Hayes Enterprises, LLC v. Trump, No. 1:2024cv03639 (N.D. Ga. 2025) Link: Complete Music Update
The Northern District of Georgia granted the Trump Campaign’s motion to dismiss false endorsement and right of publicity claims while denying the motion as to copyright infringement. Plaintiff, the family of Isaac Hayes, alleged unauthorized public performance by Mr. Trump’s campaign of "Hold On, I'm Comin.'" Hayes’ Estate had exercising opt-out rights under its public performance rights organization’s political licensing program. The court rejected the Lanham Act claim, finding no plausible allegation that use of the musical composition implied endorsement without additional association with the Hayes’ name or likeness.
Supreme Court May Limit When Artists Can Sue for Copyright
RADesign, Inc. v. Michael Grecco Productions, Inc. (No. 24-768) Links: PetaPixel | Patent Law Blog
The Supreme Court will determine whether copyright claims accrue under the discovery rule or the injury rule for purposes of the three-year statute of limitations under 17 U.S.C. § 507(b). The Second Circuit reversed dismissal of a photographer's infringement action filed four years after alleged unauthorized use, applying the discovery rule. Petitioner argues the Copyright Act contains no textual support for the discovery rule and that claims should accrue when the infringement occurs, regardless of plaintiff's knowledge.
Instagram Posts Don't Prove Access for Copyright Infringement
Woodland v. Hill, No. 23-55418 (9th Cir. 2025) Link: Justia Legal Documents
The Ninth Circuit affirmed dismissal of copyright infringement claims for failure to establish access and substantial similarity. Plaintiff alleged defendant, Lil’ Nas X, copied photographs posted by Plaintiff on Instagram. The Instagram posts had minimal engagement, and the court held that posting images on a public platform with limited interaction does not establish reasonable possibility of access. The court applied the extrinsic test for substantial similarity and found no protectable similarities in the selection and arrangement of unoriginal elements like poses and general composition.
“Dancing With Strangers” Copyright Lawsuit Heads to Jury Trial
Sound and Color LLC v. Smith, No. 23-2680 (9th Cir. 2025) Links: Rolling Stone | Billboard
The Ninth Circuit Court of Appeals reversed a summary judgment awarded in favor of Sam Smith back in 2023 over the alleged copyright infringement of “Dancing With Strangers.” The case was remanded for a jury trial on the issue of substantial similarity of musical compositions. Plaintiff alleged infringement based on similarities in lyrics, melodic phrase, and arrangement of musical elements between defendants' 2019 song and plaintiff's 2015 composition. The district court granted summary judgment finding no substantial similarity under the extrinsic test, but the appellate court determined that a reasonable jury could find substantial similarity in the selection and arrangement of musical elements comprising the melodic phrases.
These cases and much more on this Episode of Entertainment Law Update with inherited copyright lawyer Tamera Bennett and film, TV, and podcast lawyer Gordon Firemark.
