Ownership of copyright in an artistic work grants the exclusive right to perform various actions with the work or a substantial part of it, including: copying, publishing, broadcasting, public performance, rental, creating derivative works, licensing rights, and more.
Musical Works and Copyright Protection
The Copyright Law provides protection for creators of musical works, though it does not define what constitutes a musical work. Additionally, the musical “vocabulary” from which works are created is relatively limited. Therefore, disputes, conflicts, and disagreements often arise between musicians regarding where the line exists between developing a new musical idea considered borrowing, inspiration, or even homage – which are very common in the industry – versus copying substantial characteristics of a work that infringes copyright. As we’ll see, the answer isn’t always clear-cut, and therefore, in cases of protecting or infringing copyright on songs, it’s recommended to consult copyright attorneys with specific experience in protecting musical works.
Copyright in Plays and Dramatic Works
Copyright for dramatic works includes, among others, copyright in plays, cinematographic works, dance works, pantomimes, and more. Since copyright does not apply to the working methods themselves, the question arises whether one can protect the copyright of directing methods and actors’ performance styles, and the answer to this question is determined on a case-by-case basis.
Famous Music Copyright Infringement Cases in Recent Years
The “Toy” Case
In one of the most famous cases of music copyright infringement in recent years, a dispute arose between the creators of “Toy” (Eurovision winner 2018) and the creators of “Seven Nation Army” by The White Stripes, who claimed that note sequences and rhythms were copied. The dispute ended in a settlement where Jack White, one of the original song’s creators, was added to the list of creators receiving royalties from “Toy.”
Coldplay Case
The successful band Coldplay was sued for copyright infringement by guitarist Joe Satriani, who claimed that parts of his song “If I Could Fly” were copied into the band’s album title track “Viva la Vida.” The dispute was settled out of court.
Led Zeppelin Case
Led Zeppelin, creators of “Stairway to Heaven,” were accused of copying the song from Taurus’s song, for whom Led Zeppelin served as an opening act early in their career. After the court ruled in Led Zeppelin’s favor, a series of mutual appeals lasted 44 years(!) before the court finally ruled definitively in Led Zeppelin’s favor.
The “Blurred Lines” Case
A complex case raised the question of whether copyright could be infringed based solely on the “feel” of the work. Pharrell Williams was sued because his song “Blurred Lines” reminded listeners of and referenced Marvin Gaye’s work. Despite the prevailing opinion among musicians that copyright infringement required copying of lyrics or melody components, the case ended with an order to pay millions of dollars in royalties to Marvin Gaye’s heirs.
Famous Israeli Theater Copyright Infringement Cases
“Utz Li Gutz Li” Case
The children’s play “Utz Li Gutz Li” was performed at the Cameri Theater after the original play had been performed at another theater. The original play’s director claimed copyright ownership of the direction. The court rejected the plaintiff’s claim and determined that to avoid limiting other creators’ freedom of creation, directing work copyright expires when the play leaves the stage.
“Stage Bug” Case
In another case involving play copyright infringement, it was claimed that the Israeli play “Stage Bug” was copied from the American play “A Chorus Line.” After examining the similarity between the works and their “spirit,” the court determined that “A Chorus Line’s” copyright was indeed infringed, resulting in the Israeli play being removed from stage.
“Edmonton” Case
In another case, a young playwright named Ron Guetta sued veteran playwright Hillel Mittelpunkt for copyright infringement of an original play called “Edmonton,” which Mittelpunkt had viewed as a judge in an original playwriting festival. The court determined that the similar elements between the plays, including the central theme and specific presentation technique, did not constitute Guetta’s original work, and therefore his copyright infringement claim was dismissed, and he was ordered to pay Mittelpunkt compensation for damage to his reputation.
Due to the complexity of copyright in music and art in general, it is recommended to consult with an intellectual property attorney specializing in copyright for any case of infringement.
As a leading intellectual property law and patent attorney firm, our office has over 30 years of experience representing more than 8,000 clients and extensive expertise in protecting copyrights on works, particularly musical and dramatic works. The office has a professional team of intellectual property attorneys providing legal advice to creators both in rights registration and in drafting commercial distribution and usage agreements. We also represent clients in copyright infringement claims in all creative fields, including music copyright infringement, play copyright infringement, and more.
For any questions regarding copyright in artistic and musical works, please contact us.
*The content in this article and website should not be considered legal advice and should not be seen as a substitute for individual legal consultation but rather as a personal opinion and/or general explanation only. Of course, one should not rely on and/or act according to the above without individual legal consultation from an attorney.
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