Joseph Fishman
@jpfishman
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Professor @vanderbiltlaw researching intellectual property, creativity, & music.
Nashville, TN
Joined February 2009
RT @CopyrightOffice: The Copyright Office published a Notice of Inquiry requesting information on Issues Related to Performing Rights Organ…
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Like Universal, Warner now also sidesteps Spotify's "bundled" payouts under the statutory license, which is the default industry-wide option for mechanical licensing, by instead agreeing with Spotify to its own direct deal.
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I'm pleased to have contributed to this @BLaw video explainer on music copyright disputes. If you'd like a quick summary of the recent Ed Sheeran case (or just a palate cleanser from the rest of your timeline these days), check it out:
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See the linked story ⬇️ for coverage of the dismissal of the MLC's lawsuit against Spotify over its bundling of music + audiobooks. MLC called it a sham to reduce royalties, but the court said the governing regulation clearly allowed it.
Spotify convinced a court to throw out a lawsuit accusing it of illegally turning its premium plan into a "bundle" service (which reduced royalty $$ to songwriters). Now, other streaming providers have a blueprint for how to reduce payments to artists.
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RT @AnneliseLevy: NEW - Copyright Office just released its report on the copyrightability of AI works
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“One top publishing executive tells Billboard that this change ‘sounds like Spotify is raising the white flag’ about the so-called ‘bundling’ dispute which has soured relations between many publishers, writers and Spotify since it launched last year.”
Spotify, Universal Music Strike New Deal For Recorded Music & Publishing
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RT @AnneliseLevy: NEW - Anthropic has agreed to apply copyright guardrails to future AI tools to prevent infringing outputs, per an agreeme…
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This is a really, really good explainer on the Miley Cyrus motion to dismiss in the Flowers lawsuit, & the mess that is 9th Cir law on when a copyright co-owner can sue an alleged infringer without the other co-owners’ involvement
NEW: My deep dive into Miley Cyrus's surprising new motion to dismiss the "Flowers" copyright infringement lawsuit, and a look at the controversial precedent that creates hurdles for enforcing co-owned copyrights. Up now on Copyright Lately!
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@edleeprof Definitely essential now, but that’s a pretty recent development. They’re also expected to do more than they used to.
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RT @billboardpro: The White Stripes Drop Copyright Lawsuit Against Donald Trump Over ‘Seven Nation Army’
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RT @copyrightlately: How a new court win for OpenAI and a tough Supreme Court standard could leave AI copyright claims on shaky ground. Ful…
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@TimberlakeLaw @KCEsq @brianlfrye @copyrightlately @kristelia Yes, that's correct. But we're talking about these concepts here in the context of a substantial similarity accusation. (And don't worry, I'm not making you use any terms that the courts aren't already using themselves.)
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@KCEsq @TimberlakeLaw @brianlfrye @copyrightlately @kristelia I mean sure but a federal jury disagrees with you
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@TimberlakeLaw @KCEsq @brianlfrye @copyrightlately Gotta read more case law! Also, my article with @kristelia:
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As expected
Ed Sheeran Beats ‘Let’s Get It On’ Copyright Case at Appeals Court: ‘Basic Musical Building Blocks’
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