Music and Copyright

Music and Copyright

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Music and Copyright provides the first comprehensive analysis of music infringement issues within the context of copyright litigation. Set forth in understandable language, it examines this important area of copyright law, which continues to be widely misunderstood by lawyers, business people and--perhaps most seriously of all--the federal judiciary. It combines music and copyright theories with practical approaches to understanding musical ideas and expression and providing guidance in the difficult task of disentangling unprotectable ideas from protectable expression. It provides a practical and strategic roadmap to a music infringement action, beginning with the client's claim or defense and continuing through the selection and use of experts, conducting effective discovery, moving for summary judgment and more

Product details

  • Paperback | 618 pages
  • 157.48 x 228.6 x 38.1mm | 861.82g
  • Oxford University Press Inc
  • New York, United States
  • English
  • music
  • 0195338367
  • 9780195338362

Review quote

"As someone who has litigated music copyright cases for almost 40 years, I am not aware of any book that even remotely approaches the insight and analysis of Music and Copyright, and I don't know anyone more qualified to opine on this subject than Ron Rosen. This book is an invaluable resource for music copyright litigators, as well as transactional attorneys, advertising agencies, broadcast media, music publishers and record companies, songwriters, agents and managers, law schools and law students, and all others who use music in their businesses or professions." --Russell J. Frackman, Partner Mitchell, Silberberg & Knupp LLP"Music and Copyright is a first-rate work combining scholarship, a professional's knowledge of music, and an experienced litigator's shrewd and practical insights into litigating musical copyright infringement cases." --Paul Goldstein, Lillick Professor of Law Stanford Law School"Ron Rosen is one of those lucky lawyers who's been able to weave together his work and his passion." -Martin BergDaily Journal, Los Angeles"Blending his years of practical experience in the field with in-depth research allowed Rosen to provide a high-quality text for copyright enthusiasts, practioners, and researchers alike. A detailed table of contents allows readers to go straight to sections of interest, and the index provides quick access to terms and concepts. Pictures of musical bars and document templates make Music & Copyright educational and entertaining at the same time. This book is recommended for all libraries and collections that have a focus or interest in copyright issues." -Ryan Saltz, Circulation LibrarianFlorida Coastal School of Law, Jacksonville"This book contains it all- case law, practical suggestions, sample documents, specialized litigation tips, thorough research, reflected experience and thoughts on new technologies. I think it would only be fair to allege that apart from the fact thshow more

Table of contents

PRELUDE; I. Music and Copyright: The Search to Separate Idea from Expression; II. The Rise of Copyright: A Brief Review; CHAPTER 1. THE COPYRIGHT LAW: AN OVERVIEW; I. Basic Principles: An Introduction; II. The Idea/Expression Dichotomy; III. Filtration; IV. A Sampling of Unprotectable Elements of Non-Musical Works; VI. Lack of Jurisdiction: Extraterritorial Acts; CHAPTER 2. THE BASIC ELEMENTS OF MUSICAL LANGUAGE AND IDEAS: THE COPYRIGHT PERSPECTIVE; I. Music as Language; II. Copyright and the Components of Musical Language and Ideas; III. The Limitations of Musicological Analysis a Solution: Context and Spirit; IV. Musical Ideas and Expressions: A Sampling; CHAPTER 3. INFRINGEMENT AND THE COMMENCEMENT OF LITIGATION; I. The Plaintiff; II. The Defendant; CHAPTER 4. THE IMPORTANCE OF THE EXPERT: THE MUSICOLOGICAL EXPERT; I. Infringement of Musical Works: The Importance of Expert Opinion and Guidance; II. Music Infringement, The Courts and The Search for Answers; III. Selecting the Expert; IV. The Gatekeeper Role of the Court: The Daubert Hearing; V. The Musicological Expert: Translator and Teacher of Musical Language; VI. The Next Phase: Maintaining Contact with the Expert; CHAPTER 5. THE IMPORTANCE OF THE EXPERT: THE APPORTIONMENT EXPERT; I. Historical Background and Rationale Underlying Apportionment; II. The Apportionment Expert; FINAL THOUGHTS: APPORTIONMENT AND THE TOLERANCE OF IMPERFECTION; CHAPTER 6. BORROWING, THE ART OF PARODY AND OTHER EXERCISES IN FAIR USE; I. The Origins and Uses of Parody and Satire; II. Common Sense and Clarification: Campbell v. Acuff-Rose; III. Parody In Literature, Motion Pictures and The Visual Arts; IV. Musical Parody; V. Satire in Literature and the Theatre; VI. Satire in Music: Don Quixote, Richard Strauss and Mozart; VII. The Convergence of Parody and Satire; VIII. The Quotation; IX. The Indirect Suppression of Parody, Satire and Quotation; X. Non-Musical and Musical Equivalents A Brief Cadenza; XI. Coda: The Obscenity/Pornography Syndrome; CHAPTER 7. DISCOVERY; I. Discovery Tools and their Uses; II. The Discovery Plan: Ultimate Facts and Controlling Authorities; III. A Hypothetical Case Study: Tunesmith v. Crater; IV. Interrogatories; V. Requests for Admission; VI. The Taking of Depositions; CHAPTER 8. MUSIC AND SUMMARY JUDGMENT; I. Early History and The Anti-Summary Judgment Bias; II. Celotex, Anderson and Matsushita: Clearing the Air; III. Specific Grounds for Summary Judgment In Copyright Litigation; IV. Preparing a Summary Judgment Motion; CHAPTER 9. COPYRIGHT AND MUSIC IN THE COURTROOM THE CASE OF BAXTER V. UNIVERSAL AND WILLIAMS; I. Preparation for a Music Infringement Trial: Special Considerations; II. The Theme for the Trial; III. The Opening Statement and Closing Argument; IV. A Note on Direct Examination; V. A Note on Cross Examination; VI. Jury Instructions and Special Verdicts; VII. Motions During and After Trial; CHAPTER 10. POSTLUDE: BACK TO THE FUTURE; I. The Impact of Modern Technology on Copyright Law; II. The Plea for Non-Protectabilityshow more

About Ronald Rosen

Ronald S. Rosen is a member of TroyGould in Los Angeles, where he specializes in entertainment, intellectual property (copyright and trademark) and commercial more

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