Music and Copyright
The highly topical area of copyright law, as applied to music, is widely misunderstood by lawyers, business people, and - perhaps most seriously - the federal judiciary. More than ever, there is a need to understand music infringement issues within the context of copyright litigation. In Music and Copyright, Ron Rosen provides readers with a practical and strategic roadmap to the music-infringement litigation process, beginning with the client's claim or defense and continuing through the...
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The highly topical area of copyright law, as applied to music, is widely misunderstood by lawyers, business people, and - perhaps most seriously - the federal judiciary. More than ever, there is a need to understand music infringement issues within the context of copyright litigation. In Music and Copyright, Ron Rosen provides readers with a practical and strategic roadmap to the music-infringement litigation process, beginning with the client's claim or defense and continuing through the selection and use of trial experts, discovery, motion practice, and trial. Renowned for his expertise and career-long commitment to entertainment, intellectual property, and commercial litigation, Ron Rosen has condensed his experience into an essential guide for anyone involved in music-infringement litigation. Packed with elucidating examples from the author's own practice, Music and Copyright navigates the often thorny terrain between notions of the legal and the musical providing practical advice, case studies, forms, and commentary along the way.
Prelude 1Ch. 1 The Copyright Law: An Overview 9Ch. 2 Remedies 63Ch. 3 The Basic Elements of Musical Language and Ideas: The Copyright Perspective 149Ch. 4 Infringement and the Commencement of Litigation 173Ch. 5 The Importance of the Expert: The Musicological Expert 201Ch. 6 The Importance of the Expert: The Apportionment Expert 229Ch. 7 Fair Use - Part One: An Introduction 251Ch. 8 Fair Use - Part Two: Borrowing, the Art of Parody and Other Exercises in Fair Use 285Ch. 9 Discovery 337Ch. 10 Music and Summary Judgment 387Ch. 11 Copyright and Music in the Courtroom 479Ch. 12 Music, Copyright and the Impact of New Technology 547Postlude 575Index 579
\ From the Publisher"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\ "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\ \ \
