Music and Copyright

Author: Ronald Rosen
Publisher: Oxford University Press USA
ISBN: 9780195338362
Published In: November 2008
Format: Paperback , 624 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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- In-depth, practical coverage of a music infringement action--from the claim/defense through discovery, motion practice, the selection and use of experts, and trial
- Written by a highly-respected copyright litigator
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 trial.
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
III.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-Protectability
Ronald S. Rosen is a member of TroyGould in Los Angeles, where he specializes in entertainment, intellectual property (copyright and trademark) and commercial litigation.
"An excellent, if idiosyncratic, book by an eloquent, knowledgeable, music-loving
author." - Alison Firth
Journal of Media Law

"A fascinating and informative book."
--Jeremy Phillips, 1709 Copyright Blog

"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 Berg
Daily 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 Librarian
Florida 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 that this book presents a thorough, exhaustive and very well researched work, it could also be referred to as a bible for US litigators in music and copyright." -Irini Stamatoudi, LL.M, Ph.D
Athens, Greece

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