From chart-topping songs to viral social media content & AI-generated music, copyright disputes in the music industry continue to shape the legal landscape for artists, content producers, record labels, streaming platforms and IP practitioners. Understanding what copyright law – and what it doesn’t in some cases – is essential for attorneys advising clients involved in the creation, licensing, commercialization or enforcement of musical works. And then there’s Fair Use — “If you ask 5 copyright lawyers whether something is fair use, you’ll probably get 6 opinions.”
This CLE program will explore the legal rights afforded to copyright owners and examine the practical application of those rights in the context of songwriting, recording, licensing, sampling, derivative works, public performances, and fair use. Attendees will gain a clearer understanding of how courts evaluate substantial similarity, de minimis copying, and the limits of copyright protection while learning how these concepts affect musicians, publishers, producers, and other industry stakeholders.
Attorneys will learn to:
Analyze infringement claims and advise clients on protecting valuable intellectual property assets
Differentiate the exclusive rights afforded to copyright owners and evaluate how those rights apply to songwriting, recording, licensing & derivative works
Analyze common copyright infringement issues, including substantial similarity, de minimis copying, fair use and other frequently used defenses
Evaluate recent music copyright litigation involving recording artists & emerging legal issues affecting the entertainment industry, including disputes involving AI & copyrighted training data
Recognize practical strategies for advising clients on copyright protection, licensing, infringement risk & IP rights within the evolving music industry
To illustrate these principles, the course examines several of the most significant and widely publicized copyright disputes in modern music, including litigation involving the Beastie Boys, Dua Lipa, Ed Sheeran, Katy Perry, Miley Cyrus, Kanye West and the emerging lawsuit against Suno AI. Through these real-world examples, attendees will see how courts analyze issues such as access, substantial similarity, originality, fair use, sampling, and the protectability of musical expression. The discussion also highlights how advances in AI are creating new challenges for copyright owners and raising novel questions regarding the use of copyrighted works to train generative AI systems.
Whether representing musicians, entertainment companies, technology businesses, startups, or clients with valuable creative assets, attorneys must understand both the legal doctrines and the practical realities driving copyright disputes in today’s music industry. A registered patent attorney, Kirby Drake focuses her efforts on helping clients successfully navigating and troubleshooting their IP challenges.