Music Copyright (Intellectual Property Law Series)

THIS CASEBOOK contains a selection of 74 U. S. Court of Appeals decisions that analyze and discuss issues surrounding copyright in musical works. The selection of decisions spans from 2005 to the date of publication.

A precondition to filing a claim

Section 411(a) provides in pertinent part that "no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title." In order to register a copyright in a published work, the owner of a copyright must submit to the Copyright Office an application, fee, and two complete copies of the work to be copyrighted. See 17 U.S.C. § 408(a), (b)(2). Although this registration requirement does not circumscribe a federal court's subject-matter jurisdiction, the Supreme Court has described it as "a precondition to filing a claim." Reed Elsevier, Inc. v. Muchnick, 559 U.S. 154, 157 (2010); see also Latin Am. Music Co. Inc. v. Media Power Grp., Inc., 705 F.3d 34, 42 (1st Cir. 2013). Alicea v. Machete Music, (1st Cir. 2014)

A prima facie case

"To make out a prima facie case of copyright infringement, a plaintiff must show that (1) it owns a valid copyright in the [work] and (2) defendants copied protected elements from the [work]." Saregama India Ltd. v. Mosley, 635 F.3d 1284, 1290 (11th Cir. 2011) (alterations in original) (internal quotation marks omitted). "The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411 [of the Copyright Act], to institute an action for any infringement of that particular right committed while he or she is the owner of it." 17 U.S.C. § 501(b). Section § 411(a) provides, in turn, that "no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with [the Act]." Id. at 411(a). Smith v. Casey, (11th Cir. 2014)