Background
Copyright violations have been a significant problem in the music industry for many years. Toobad Todie, an aspiring rap artist, created a new song by using the melody of an old Beatles hit, “She Loves You,” without the consent of the original song’s copyright owners. As a result, Paul McCartney and John Lennon’s estates have sued Toobad and his record company for copyright infringement. By carefully analyzing the four fair use elements and moral rights of original composers, this essay contends that the original copyright holders have a legitimate case against Toobad and that his defense possesses both strengths and weaknesses.
Assessing the Charges and Defenses
In this case, Toobad Todie and his record label are accused of violating intellectual property rights. Toobad used the Beatles’ song’s melody and fundamental structure to create a new song with different lyrics and a different meaning without permission from the copyright holders. The lawsuit asserts that Toobad’s new song is a recognizable version of the original due to its use of the original’s fundamental melody, rhyme, and phrasing, and that it substantially alters the original’s meaning, infringing on the composers’ moral rights.
Validity of the Copyright Owners’ Case
Original copyright holders can prove copyright infringement. Toobad Todie’s unauthorized use of the song’s melody, structure, and phrasing violates the Beatles’ copyright. Although Toobad changed the lyrics and meaning of the original song, copyright infringement can still occur if a substantial portion of a copyrighted work is used illegally. According to the lawsuit, Toobad’s new version is a recognizable variation of the original and competes commercially with the original.
Strengths and Weaknesses of Toobad’s Defense
Toobad’s defense is bolstered by the fact that his new song is a parody of the original Beatles’ song, which is a recognized fair use under copyright law. Parodies that make comedic or satirical criticisms of copyrighted works may be protected under fair use. However, Toobad’s melody use is commercial, which is against fair use (Loren & Reese, 2019). Moreover, Toobad’s new song changes the original’s meaning, making it a derivative rather than a pastiche. Finally, Toobad’s new piece offends the original composers, which may violate their moral rights.
Fair-Use Analysis
The four-factor fair analysis will be used to analyze Toobad’s defense. The first consideration is the nature and aim of the application (McMullan, 2018). The old song was used to generate an updated version of the work, which is commercial in character and serves to produce an entirely novel promotional item. The second consideration is the kind of copyrighted piece. The original Beatles song is a creative work that is entitled to strong copyright protection.
Another critical factor is the amount and substantiality of the portion used. Although Toobad did not sample the original sound recording, he used the melody and basic format of the original song, which is a substantial part of the copyrighted work. The use’s impact on the prospective market for the worth of the work under copyright is the last consideration. Toobad’s new song is a rap version of the Beatles’ song, which may attract a different audience, but it also competes with the original work in the commercial market.
Limitations of Compulsory Licensing for Toobad’s Case
If Toobad’s record label had registered his use as a “cover” version of the song and paid the standard royalties required by compulsory licensing, it may have aided his case. Compulsory licensing only applies to specific types of uses, and it may not inherently apply to Toobad’s use of the original song, as it is a modified version of the original work (Claflin, 2020). In addition, compulsory licensing covers only the use of the musical composition, not the original sound recording.
Hence, the original copyright holders have a valid case against Toobad, as his unauthorized use of the melody and structure of the original constitutes an infringement of copyright. Because it uses the basic melody, rhyme, and phrasing from the original song, Toobad’s new song is a recognizable copy of the original. It may have helped Toobad’s case if the record company had registered his usage as a “cover” version of the song.
References
Claflin, S. (2020). How to get away with copyright infringement: Music sampling as fair use. Boston University Journal of Science and Technology Law, 26, 159-187. Web.
Loren, L. P., & Reese, A. (2019). Proving infringement: Burdens of proof in copyright infringement litigation. Lewis & Clark Law Review, 23, 621. Web.
McMullan, A. (2018). Returning to the fair use standard. New York Law School Law Review, 63, 359-374. Web.