3 Count: Lit Appeal

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1: Music Producer Challenges Copyright Infringement Claims Over Hit Rap Song

First off today, Megan Butler at Courthouse News Service reports that the 11th Circuit Court of Appeals heard arguments in a lawsuit over the 2016 hit rap song Everyday We Lit.

The case was filed by rapper Anthony Campbell against Rayshawn Lamar Bennett, Rakin Hasheem Allen, who performed on the track, as well as their record label, Think It’s a Game Records, and the song’s producer, June James. According to Campbell, Everyday We Lit is an infringement of his 2015 song Everything Be Lit. To support his claim, Campbell claimed that he and Allen performed his version of the song together.

At the district court level, the judge sided with Campbell. The court awarded both damages, an injunction against performing or distributing the song and an ongoing royalty. Two of the defendants, Bennett and the label, reached a settlement with Campbell. However, James filed an appeal saying that the court improperly determined that he was in a partnership with Allen when the two had not even met. The judges appeared receptive to those arguments, indicating that it is likely some or all of the lower court’s verdict may be overturned.

2: Brazil’s New IPTV Anti-Piracy Blocking Plan Prepares to Bypass Judiciary

Next up today, Andy Maxwell at Torrentfreak writes that Brazil is moving forward with a plan to introduce a site blocking regime in the country that will bypass the nation’s courts in favor of a cooperative approach.

In 2019, a local court ordered the nation’s internet service providers to block access to the Mega file sharing service. However, that effort was overturned on appeal. A similar bid against the stream-ripping site Yout the next year was more successful, but still left many wanting a more robust system.

As a result, government agencies overseeing telecoms and cinemas have come together to create a cooperative plan, one that mimics the approach taken in Portugal. Under the system, rightsholders, advertisers and technology partners will work together to block access to pirate websites, ideally within 48 hours (if it follows Portugal’s system). The system is currently planned to take effect in 2023.

3: Jeff Koons Sued for Copyright Infringement in ‘Made in Heaven’ Series

Finally today, STIRworld reports that artist Jeff Koons is facing another copyright infringement lawsuit as a judge has denied his motion to dismiss a case involving his Made in Heaven series.

The lawsuit was filed by artist Michael Hayden, who alleged that he created a sculpture of a snake wrapped around a rock that ended up featured in photographs and paintings created by Koons. According to Hayden, he created the work as a prop for Italian adult film star and politician Cicciolina. Despite the sale, he claims he retained all copyrights in the work.

As such, when Koons travelled to Italy to photograph Cicciolina and create paintings based on those images, he included representations of his work in at least three separate images. Koons had sought to have the case dismissed, but was denied. However, the judge did limit the damages that Hayden will be able to claim, limiting them to the three-year period before the lawsuit was filed.

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