Recent Posts by Michael Thomas

Use of #SkinnyPuppy Music During #Torture Raises Interesting #Copyright Question

The industrial band Skinny Puppy sent the Department of Defense a bill in the amount of $666,666 for using its music during alleged acts of torture. Besides the obvious questions about whether use of the band's music under these circumstances amounts to infringement, the allegations raise an interesting question of the application of U.S. copyright law…
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Bad Moon on the Rise for Fogerty in Lawsuit over Band Name

John Fogerty’s former bandmates have filed a suit for trademark infringement and related breach of contract claims over Fogerty’s use of the registered mark “Creedence Clearwater Revival.”  A settlement agreement reached in 2001 between Fogerty and other members contains provisions governing use of the name, which suggests there either was no partnership agreement even though…
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The Empire Fights Back? BMG Sues Cox for Lax Infringement Protocols

I very rarely line up on the side of corporate behemoths, especially those who pay artists pennies on the dollar for the soul and sweat that goes into their music, but in this case I generally agree with BMG’s suit against Cox Communications over its lax infringement protocols against repeat infringers.  While it might be better…
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Sirius XM Backed into a Corner in Copyright Infringement Case

Like the old adage attributed to the tortoise-“slow and steady wins the race”-the Turtles scored another victory in their copyright infringement case against Sirius XM. Judge Gutierrez in California’s Central District, site of Sirius XM’s summary judgment loss in September, has denied certification for an interlocutory appeal of that loss. The Court bifurcated discovery into liability…
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