Do you want to know the famous artist copyright infringement cases and how they handled them?
Art is an essential aspect of human expression and creativity. Artists pour their hearts and souls into their work, spending countless hours perfecting their craft.
However, when someone else takes credit for an artist’s work or uses it without permission, it can be devastating. This is where infringement comes in.
In this blog post, we will delve into some of the most significant artist infringement cases, exploring the facts of each case and their outcomes.
We will also discuss the importance of copyright law for artists and the steps they can take to protect their work.
An infringement case is a legal dispute that arises when one party violates the exclusive rights of a copyright holder.
Copyright is a form of intellectual property law that grants the creator of an original work exclusive rights to reproduce, distribute, perform, display, or license their creation for a specific period.
To establish a case of copyright infringement, the holder must generally prove the following:
Ownership of a valid copyright: The plaintiff must establish that they have a valid copyright in the work in question.
Unauthorised copying or use: The plaintiff must demonstrate that the alleged infringer copied or used the copyrighted work without authorisation.
Copyright infringement cases in music often involve disputes over unauthorised use, copying, or sampling of original musical compositions, lyrics, or sound recordings.
Here are some notable examples of infringement cases in music:
In 2013, Marvin Gaye’s estate accused Robin Thicke and Pharrell Williams of copying Gaye’s 1977 song “Got to Give It Up” in their hit single “Blurred Lines.”
In 2015, a jury found Thicke and Williams guilty of copyright infringement and ordered them to pay over $7 million in damages, later reduced to approximately $5 million on appeal.
In 1976, a court ruled that George Harrison’s song “My Sweet Lord” infringed the copyright of the Chiffons’ 1963 song “He’s So Fine.”
The court found that Harrison had subconsciously copied the melody, and he was ordered to pay damages.
The Verve’s 1997 song “Bitter Sweet Symphony” used a sample from an orchestral version of The Rolling Stones’ song “The Last Time.”
Although The Verve had initially obtained a license for the sample, the court found that they had used more than the agreed-upon amount.
As a result, The Verve had to relinquish all royalties and songwriting credits for “Bitter Sweet Symphony” to The Rolling Stones’ publisher.
In 2015, Tom Petty’s publisher claimed that Sam Smith’s song “Stay with Me” had a similar melody to Petty’s 1989 song “I Won’t Back Down.”
The case was settled out of court, with Smith agreeing to share songwriting credits and royalties with Petty and co-writer Jeff Lynne.
In 1990, Queen and David Bowie accused Vanilla Ice of sampling the bassline from their 1981 song “Under Pressure” without permission for his hit “Ice Ice Baby.”
Vanilla Ice settled the case out of court, paying an undisclosed sum and granting Queen and Bowie songwriting credits for “Ice Ice Baby.”
Numerous famous artists have faced lawsuits over infringement claims throughout the years. Here are some notable examples:
In 2000, Napster, an American music-sharing website, faced legal action from Indian music label T-Series for alleged copyright infringement.
T-Series accused Napster of enabling users to illegally download and share its copyrighted music, which violated its intellectual property rights.
Napster was a peer-to-peer file-sharing service that allowed users to share music files with each other, bypassing traditional music distribution channels.
In 2012, the makers of the Bollywood movie ‘Barfi!’ found themselves embroiled in a plagiarism lawsuit controversy when the grandson of renowned Indian filmmaker Bimal Roy sued them for allegedly copying elements of his grandfather’s 1955 film ‘Jalsaghar’.
The plaintiff claimed that several scenes and characters from ‘Barfi!’ bore a striking resemblance to those in ‘Jalsaghar’.
In 2016, the makers of the Bollywood movie ‘Mohenjo Daro’ faced accusations of plagiarism when an American writer sued them for allegedly copying his unpublished novel.
The writer claimed that the movie’s plot, characters, and even some dialogue had been lifted from his work without his permission or credit.
In 2018, a tattoo artist based in Mumbai filed a lawsuit against Indian movie star Hrithik Roshan, alleging copyright infringement.
The artist claimed that Roshan had used one of his tattoo designs without permission in the movie ‘Krrish 3’. The design in question was a tribal tattoo that appeared on Roshan’s character in the film.
The Statute of Anne, also known as the Copyright Act 1710, was an important milestone in the development of copyright law. It was enacted by the British Parliament to address the rampant piracy and unauthorised printing of books that were prevalent at the time.
The law granted authors and publishers a limited monopoly over their creative works, giving them the exclusive right to print and distribute their works for a period of 14 years. This marked a significant departure from previous laws that had granted monopolies to printers rather than authors.
Baker v. Selden was a landmark copyright case that helped to clarify the scope of copyright protection for ideas and systems.
The case involved a dispute between Charles Selden, the author of a book on accounting methods, and Frederick Baker, who had created a set of forms based on Selden’s methods.
Baker had produced a set of accounting forms that he claimed were based on the principles laid out in Selden’s book. However, Selden argued that Baker’s forms were a direct copy of his book, and therefore constituted copyright infringement.
F.W. Woolworth Co. v. Contemporary Arts, Inc. was a landmark case that helped to establish the concept of “fair use” in copyright lawsuits.
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The case involved a dispute between the retailer F.W. Woolworth Co. and the artist Dan Flavin, who had created a series of light sculptures using coloured fluorescent tubes.
Woolworth had produced a series of Christmas decorations that were similar in design to Flavin’s light sculptures. Flavin sued Woolworth for copyright infringement, arguing that the decorations copied his original work.
Sony Corp. of America v. Universal City Studios, Inc. was a landmark copyright case that helped to clarify the legal status of devices that could be used to copy copyrighted material, such as video cassette recorders (VCRs).
The case involved a dispute between Sony, the manufacturer of VCRs, and Universal City Studios, which claimed that VCRs were illegal because they facilitated the unauthorised copying of copyrighted movies and TV shows.
Sony Corp. of America v. Universal City Studios, Inc. was a landmark copyright case that helped to clarify the legal status of devices that could be used to copy copyrighted material, such as video cassette recorders (VCRs).
The Lion King (1994): In 2003, the family of South African writer and artist Solomon Linda filed a lawsuit against Disney, alleging that the song “The Lion Sleeps Tonight” used in the movie The Lion King was based on Linda’s song “Mbube”. The lawsuit was eventually settled out of court for an undisclosed sum.
Pirates of the Caribbean (2003): In 2005, screenwriters Terry Rossio and Ted Elliott sued Disney, alleging that they had been underpaid for their work on the Pirates of the Caribbean franchise. The case was settled out of court for an undisclosed sum.
Zootopia (2016): In 2017, artist Gary L. Goldman filed a lawsuit against Disney, alleging that the studio had stolen ideas and characters from his pitch for a movie called “Zootopia”. In 2019, a judge dismissed the case.
Frozen (2013): In 2015, author Isabella Tanikumi filed a lawsuit against Disney, alleging that the movie Frozen was based on her autobiographical book “Living My Truth”. In 2016, a judge dismissed the case.
The Patrick Cariou copyright infringement case involved a dispute between photographer Patrick Cariou and artist Richard Prince.
Cariou had published a book of photographs titled “Yes, Rasta,” which featured images of Rastafarians and their culture in Jamaica.
Prince, an artist known for his appropriation of existing images, created a series of paintings based on Cariou’s photographs, which he titled “Canal Zone.”
If you want to safeguard your work from copyright infringement, there are several steps you can take:
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By providing real-time alerts and facilitating the removal process of infringed content, Bytescare empowers artists to maintain control over their work. This proactive approach not only secures artists’ livelihoods but also reinforces the respect and value of their contributions.
In fostering a respectful environment, Bytescare plays a pivotal role in promoting a culture of creativity and innovation, benefiting artists and society alike.
Ready to secure your creative work? Book a demo with Bytescare today and take the first step towards comprehensive copyright protection.
Artist copyright infringement occurs when someone uses an artist’s work without permission or in a way that violates the artist’s rights.
Artist can do following things mentioned below to protect their work from violation:
Register copyrights: Register with your copyright office for legal protection.
Use watermarks: Discreetly embed watermarks to discourage copying.
Track online presence: Monitor websites and platforms for unauthorized use.
Control online sharing: Grant licenses for specific usage, not ownership.
Seek legal help: Consult a lawyer if infringement is suspected.
Yes, artists can sue for copyright infringement if their work has been used without permission or in a way that violates their rights.
Fair use is a legal doctrine that allows for limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research.
It depends on the circumstances. In some cases, using copyrighted material in your own artwork may be considered fair use, but in other cases it may be considered infringement.
Artists can use copyrighted material through “fair use” if it’s transformative, doesn’t replace the original market, and uses only a portion of the work. However, fair use is complex and requires careful consideration.
Consulting a lawyer and understanding the specific legal context is crucial to ensure responsible use of copyrighted material.
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