Music and Copyright

Ronald S. Rosen is a member of TroyGould in Los Angeles, where he specializes in entertainment, intellectual property (copyright and trademark) and commercial litigation.

PRELUDE; I. Music and Copyright: The Search to Separate Idea from Expression; II. The Rise of Copyright: A Brief Review; CHAPTER 1. THE COPYRIGHT LAW: AN OVERVIEW; I. Basic Principles: An Introduction; II. The Idea/Expression Dichotomy; III. Filtration; IV. A Sampling of Unprotectable Elements of Non-Musical Works; VI. Lack of Jurisdiction: Extraterritorial Acts; CHAPTER 2. THE BASIC ELEMENTS OF MUSICAL LANGUAGE AND IDEAS: THE COPYRIGHT PERSPECTIVE; I. Music as Language; II. Copyright and the Components of Musical Language and Ideas; III. The Limitations of Musicological Analysis a Solution: Context and Spirit; IV. Musical Ideas and Expressions: A Sampling; CHAPTER 3. INFRINGEMENT AND THE COMMENCEMENT OF LITIGATION; I. The Plaintiff; II. The Defendant; CHAPTER 4. THE IMPORTANCE OF THE EXPERT: THE MUSICOLOGICAL EXPERT; I. Infringement of Musical Works: The Importance of Expert Opinion and Guidance; II. Music Infringement, The Courts and The Search for Answers; III. Selecting the Expert; IV. The Gatekeeper Role of the Court: The Daubert Hearing; V. The Musicological Expert: Translator and Teacher of Musical Language; VI. The Next Phase: Maintaining Contact with the Expert; CHAPTER 5. THE IMPORTANCE OF THE EXPERT: THE APPORTIONMENT EXPERT; I. Historical Background and Rationale Underlying Apportionment; II. The Apportionment Expert; FINAL THOUGHTS: APPORTIONMENT AND THE TOLERANCE OF IMPERFECTION; CHAPTER 6. BORROWING, THE ART OF PARODY AND OTHER EXERCISES IN FAIR USE; I. The Origins and Uses of Parody and Satire; II. Common Sense and Clarification: Campbell v. Acuff-Rose; III. Parody In Literature, Motion Pictures and The Visual Arts; IV. Musical Parody; V. Satire in Literature and the Theatre; VI. Satire in Music: Don Quixote, Richard Strauss and Mozart; VII. The Convergence of Parody and Satire; VIII. The Quotation; IX. The Indirect Suppression of Parody, Satire and Quotation; X. Non-Musical and Musical Equivalents A Brief Cadenza; XI. Coda: The Obscenity/Pornography Syndrome; CHAPTER 7. DISCOVERY; I. Discovery Tools and their Uses; II. The Discovery Plan: Ultimate Facts and Controlling Authorities; III. A Hypothetical Case Study: Tunesmith v. Crater; IV. Interrogatories; V. Requests for Admission; VI. The Taking of Depositions; CHAPTER 8. MUSIC AND SUMMARY JUDGMENT; I. Early History and The Anti-Summary Judgment Bias; II. Celotex, Anderson and Matsushita: Clearing the Air; III. Specific Grounds for Summary Judgment In Copyright Litigation; IV. Preparing a Summary Judgment Motion; CHAPTER 9. COPYRIGHT AND MUSIC IN THE COURTROOM THE CASE OF BAXTER V. UNIVERSAL AND WILLIAMS; I. Preparation for a Music Infringement Trial: Special Considerations; II. The Theme for the Trial; III. The Opening Statement and Closing Argument; IV. A Note on Direct Examination; V. A Note on Cross Examination; VI. Jury Instructions and Special Verdicts; VII. Motions During and After Trial; CHAPTER 10. POSTLUDE: BACK TO THE FUTURE; I. The Impact of Modern Technology on Copyright Law; II. The Plea for Non-Protectability