TALKING JAZZ AGE LAWYER AT THE LAMBS
On March 24, 2022, I had the privilege of speaking to The Lambs, America’s oldest theatrical club, about their sainted former member, Jazz Age Lawyer Nathan Burkan, and shared stories about many of his legendary clients, including Victor Herbert, Charlie Chaplin, Sam Goldwyn, and Mae West. Watch the video below.
Read More100 YEARS OF WHACKING THE MUSIC MELON
(April 2, 2021) 100 years ago this month, songwriters in the United States received their first-ever royalties for the public performance of their works, as the Directors of the American Society of Composers, Authors, and Publishers inaugurated a quarterly ritual that Variety would dub “whacking the music melon.” [N.B.: The title of this post is…
Read MoreCHARLIE IN THE HAREM
Charlie Chaplin’s films represented only a small fraction of the commerce being transacted in his name, image, and antics during the World War I era. Adventures of a Jazz Age Lawyer recounts how Chaplin’s lawyer, Nathan Burkan, chased down spurious Chaplin films that he considered “vulgar, suggestive, and obscene.”
Read MoreBOOK REPORT – GEIGER & SUBER’S ‘CREATIVITY AND COPYRIGHT’
In the post that inaugurated this blog back in 2012, I noted that the Copyright Act’s simple formulation–“copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression”–is never more problematic than when applied to the highly collaborative, highly derivative, and oftentimes hugely expensive and risky art and…
Read MoreLITTLE GLORIA
At the moment of her death this past June, it could fairly be said that Gloria Vanderbilt, at the age of 95, had been a celebrity longer than anyone on earth. My forthcoming book, Adventures of a Jazz Age Lawyer: Nathan Burkan and the Making of American Popular Culture, recounts the remarkable events, including the…
Read MoreCOMING SOON – ADVENTURES OF A JAZZ AGE LAWYER
I am very excited to announce that my new book, Adventures of a Jazz Age Lawyer: Nathan Burkan and the Making of American Popular Culture, will be published by the University of California Press on January 15, 2020. Adventures of a Jazz Age Lawyer is the lively story of legal giant Nathan Burkan, whose career encapsulated the…
Read MoreCOPYRIGHT THEORY IN ACTION – VICTORY IN EUROPE EDITION
This year marked the 70th anniversary of the end of World War II. The commemorations seemed rather muted to me, perhaps because of the inevitable demographic decline of the greatest generation, or perhaps because platinum just doesn’t have the same cachet as silver, gold or diamond. But for copyright mavens 70 years is an especially meaningful…
Read MoreLET'S NOT GO CRAZY
The cherubic little fellow pictured on the right is at the center of a closely-watched case involving the “takedown” provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”). His mom, Stephanie Lenz, posted a 30-second YouTube video of the tike “dancing” to Prince’s “Let’s Go Crazy,” which can be heard playing in the background.…
Read MoreHAPPY BIRTHDAY TO GO FREE?
A little over two years ago we noted the filing of Good Morning to You Productions v. Warner/Chappell Music, a class action law suit which seeks a declaratory judgment that Warner’s putative copyright on the ubiquitous ditty “Happy Birthday to You” is invalid, along with the refund of millions of dollars in licensing fees collected by Warner over…
Read MoreCEASE AND DESIST LETTERS FROM BEYOND THE GRAVE – CONAN DOYLE REDUX ED.
When last we checked in on Sir Arthur Conan Doyle’s posthumous intellectual property enforcement activities (“Conan Doyle Estate Down for the Count“), his estate’s attempt to enjoin publication of a collection of original Sherlock Holmes stories, A Study in Sherlock, was rejected in an opinion written by Seventh Circuit Judge Richard Posner. In that case…
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