Law Offices of Marc D. Ostrow

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No, you don’t own your arrangement of that hit song

July 27 2015 A guitarist contacted me recently. He creates arrangements of popular songs and puts the PDFs of the music for sale on his website. The first thing I…

What’s next for ASCAP and BMI as SESAC buys The Harry Fox Agency?

July 10 2015 A lot of people are wondering what it means for the music industry since it was reported that the National Music Publishers Association (NMPA), the…

Why the Register of Copyrights wants to turn in her library card

April 14 2015 Those who don't practice copyright law might be surprised that the Copyright Office is neither an independent agency nor part of the Commerce…

The Second Circuit terminates copyright in Santa Claus song

October 13 2015 In its October 8 decision in Baldwin v. EMI Feist Catalog, Inc., the Second Circuit reversed the District Court’s granting of summary judgment to…

Blurred Lines in the difference between copyright in a song and in a recording

March 12 2015 There’s been a blizzard of articles regarding the jury decision finding that Robin Thicke and Pharrell Williams’ 2013 megahit, “Blurred Lines,”…

The De Minimus Exception to Infringement is Now in Vogue for Sound Recordings

June 7 2016 On June 2, a divided panel of the Ninth Circuit affirmed the district court’s granting of summary judgment to defendants and vacated an award of…

The Question Songwriters Should Ask Obama at SXSW

March 10 2016 This Friday, President Obama will be delivering the keynote address at this year’s South by Southwest (SXSW) Interactive Conference in Austin, Texas…

All About The 100-Page White Paper on Remixes, First Sale and Statutory Damages

February 4 2016 Last week, the Commerce Department’s Internet Policy Task Force issued its White Paper on Remixes, First Sale and Statutory Damages, a 100-page report…

Do candidates have the right to conscript songs for political purposes?

December 1 2015 It's another presidential election cycle and - in addition to PAC moneymen, countless commercials, polls, trolls, sound bites, and sniping…

Are transformative fair use principles foul to musicians?

November 23 2015 In my previous post, I sped through the history of fair use from Justice Story to the current statute and strolled through a few examples of the…