Location: Seattle, WA; New York, NY
I would like some guidance on a potential copyright issue my family is facing. We own the rights to a piece of music that is very unambiguously (beyond a reasonable doubt) being used without authorization in the score and a song of a current (very successful) Broadway show.
I would like to consult with a lawyer who specializes in copyright law to understand our options, such as pursuing a settlement or obtaining a license agreement, and to address any statute of limitations concerns.
The case would be something along the lines of what is reported here: https://www.broadwayworld.com/article/STEREOPHONIC-Settles-Lawsuit-For-Alleged-Copyright-Infringement-20241203
Where can I consult with legal counsel to determine how to proceed? Are there firms that specialize in this kind of thing?
Comments
There are firms, yes. But they don’t need permission to cover a song. Is that what they are doing? Or are they using a recording? Do you own the publishing? Or the recording?
Also that article is about a different issue than you are alleging.
If they are sampling an isolated riff, that could be found to be infringement or not. It’s determined on a case by case basis. Factors that would be considered include the amount or substantiality of the sample, as well as the impact on the marketability of the original, and whether or not the sample qualifies as parody, among others.
The agency that handles the licensing of the song should be able to refer you to an IP firm with music industry experience.