Everyday I'm Hustlin' Lawsuit Against LMFAO Survives

Roberts v. Gordy, No. 13-24700 (S.D. Fla. dated Feb. 5, 2015).

Performer Rick Ross brought this action against the group LMFAO over use of "Everyday I'm Hustlin'" / "Everyday I'm Shufflin'"  in defendant's song Party Rock Anthem.  LMFAO moved to dismiss on the pleadings plaintiff's copyright and trademark infringement claims.  The Court denied the motion, finding at this stage of the proceedings, plaintiff's allegations were sufficient.  Whether the phrase was copyrightable, or the works were substantially similar, were not appropriate for a motion on the pleadings as those issues would require a fact intensive inquiry.  Similarly, a factual inquiry was required on the trademark claim as to whether the phrase had acquired distinctiveness/secondary meaning.

Interlocutory Appeal Granted In Turtles/Sirius Case

Flo & Eddie v. Sirius, No. 1:13-cv-05784-CM (SDNY filed 02/10/15) (Doc. 118).

The District Court certified for interlocutory appeal to the Second Circuit the question: "Under New York law, do the holders of common law copyrights in pre-1972 sound recordings have, as part of the bundle or rights attendant to their copyright, the right to exclusive public performance of those sound recordings?"  Having certified the question for interlocutory appeal, the District Court stayed all proceedings pending a decision by the Second Circuit.

Copyright Office Report On Copyright And The Music Marketplace

A Report Of The Register Of Copyrights, Copyright And The Music Marketplace (U.S. Copyright Office Feb. 2015).  Link here.