Chris Arledge is a partner of Turner Green LLP, an intellectual property law firm with offices in Los Angeles and Orange County. He can be reached at carledge@turnergreen.com.
Chris Arledge
The King of Pop, Sir Paul, and the Right to Reclaim Copyrights
by Chris ArledgeThis may be a shocking revelation to all but the most avid news-followers, but it is apparently true: pop star Michael Jackson recently passed away. A handful of media outlets found time to cover the story, and some of them have mentioned Jackson’s feud with Paul McCartney over Jackson’s ownership of the publishing rights to some of the Beatles’ biggest hits-rights acquired when Jackson outbid Paul McCartney and Yoko Ono in the mid-1980’s.
People not familiar with copyright law might be surprised to hear that McCartney-one-half of music’s most-successful songwriting duo-must pay royalties to perform his own hit songs. The fact certainly seemed to grate on McCartney, who frequently made mention of it in interviews. But even more surprising, at least to those not acquainted with the intricacies of copyright law, is that Sir Paul will one day be able to re-acquire the rights to his music without even having to pay to buy them back.
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Is Copyright Law Stifling Creativity?
by Chris ArledgeLast week, a federal judge in New York issued an injunction precluding the publication of a novel based on J.D. Salinger’s “The Catcher in the Rye.” The new novel, by Swedish author Fredrik Colting, describes the adventures of the elderly “Mr. C,” a not-so-veiled pseudonym for Salinger’s famous “Holden Caulfield.” The federal court enjoined publication of the book in the United States after finding that it is a likely copyright infringement. The Salinger lawsuit illuminates a weakness in copyright law that threatens to undermine copyright’s central purpose-promoting creativity.
J.D. Salinger
American law differs from law in Europe (and elsewhere) by not granting-except in limited cases-any “moral rights” to the creator of an artistic work. Moral rights are designed to protect the integrity of a work; for example, moral rights could stop a television station from editing a movie in ways the director believes undermine his artistic vision. Copyright law, however, has no such interest. The Copyright Act rests on Congress’ authority under the United States Constitution “to promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Thus, the purpose of copyright law is to encourage creativity by giving artists, authors, and others the exclusive right to benefit from their creative efforts for a limited period of time. (more…)
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Muzzling Miss California
by Chris ArledgeThe same-sex marriage controversy that hijacked the recent Miss USA pageant-and our televisions and radios every day since-has now claimed another victim: Miss California co-director Shanna Moakler. With Donald Trump having decided to let Carrie Prejean keep her crown, there is apparently not room enough for both beauty queens, and Moakler has chosen to resign out of principle, “to be a role model for [her] children.”
What, exactly, is the principle that Moakler must resign to protect? It likely has nothing to do with the scandal over Prejean’s topless photos, since Moakler has shown far more of herself in Playboy. No, Moakler’s concern is Prejean’s insistence on pressing a political agenda: “In the entire history of Miss USA, no reigning titleholder has so readily committed her face and voice to a more divisive or polarizing issue.”
Carrie Prejean with Shanna Moakler
Funny – I don’t recall Prejean injecting the issue of same-sex marriage into Miss USA; the blame for that falls in the lap of celebrity judge and gay activist Perez Hilton, a man best known for decorating celebrity photographs with bodily fluids and infantile commentary. Prejean did not cause this conflagration. It must be clear to everybody-even Moakler-that she would have preferred to avoid the question entirely.
It is not Prejean’s fault that she became a spokesperson on same-sex marriage. But Moakler isn’t upset that Prejean is speaking out on the topic. Not really. Moakler herself has taken a very vocal position in favor of same-sex marriage. Recently, she even posed for an advertisement with two other beauty queens, all three with mouths taped shut, presumably to make the point that somebody-it isn’t entirely clear who-is muzzling them on the subject of same-sex marriage. (more…)
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Don Henley’s Lawsuit Against Chuck DeVore Threatens First Amendment
by Chris ArledgeNobody wants to be mocked. And if you’re a rock star, surrounded by sycophants for the better part of 35 years, it must be especially hard to deal with being mocked. It makes sense, then, that Don Henley does not like the parody of his song “Boys of Summer,” penned by Chuck DeVore, a Republican candidate for the U.S. Senate, and Justin Hart, his advisor. But Henley’s copyright-infringement lawsuit is far bigger than one rock star or his feelings. Henley’s lawsuit undermines the First Amendment right to speak freely.
Don Henley makes no effort to hide his political leanings. In addition to performing at scores of fundraisers, Henley has given about $750,000 to partisan, liberal causes, including $10,000 to Barack Obama and $9,000 to DeVore’s soon-to-be opponent, Barbara Boxer. Henley also exploits his music to advance a liberal, political agenda.
Henley’s “Boys of Summer” is no exception. On the surface, “Boys of Summer” is a wistful look at an old romance, a fling between two kids, now grown, who have moved on with their lives. But the song also has a clear political message. Henley says that the second verse of the song-the one with the famous line about seeing “a Dead Head sticker on a Cadillac”-was about the essential failure of Sixties’ politics: “I don’t think we changed a damn thing, frankly…. After all our marching and shouting and screaming didn’t work, we withdrew and became yuppies and got into the Me Decade.” (more…)
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