Have you ever found yourself mistaking the song that was playing because the notes were too similar to another song? As a musician, your music is your own unique piece of art, but how unique is a song really? There are only a limited amount of notes at the disposal of artists and they can only be used in so many ways to harmonize with one another. Although lyrics and overall melodies in songs change, sometimes certain snippets of tunes are reused over and over by different artists and these snippets can sound familiar to another song you’ve already heard.

In recent years, more and more music artists have been hit with lawsuits of copyright infringement. Some notable mentions include Queen & David Bowie’s Under Pressure vs. Vanilla Ice’s Ice Ice Baby; Miley Cyrus’ Flowers vs. Bruno Mars’ When I Was Your Man; or just as this time, Marvin Gaye’s Got to Give it Up vs. Robin Thicke’s Blurred Lines. Notably, a case just reached its final decision between two iconic singers, the romance singer Ed Sheeran and the soul R&B singer Marvin Gaye.

In 1973, Ed Townsend and Marvin Gaye co-wrote the song Let’s Get It On and was one of Gaye’s famous hits. That same year, Townsend copyrighted and registered the song with the United States Patent and Trademark Office. He copyrighted the song by submitting the song’s melody, harmony, rhythm and lyrics – otherwise known as the “Deposit Copy.” In 2014, Ed Sheeran and Amy Wadge co-wrote the familiar romance song Thinking Out Loud. Thinking Out Loud won Song of the Year and Best Pop Solo Performance at the Grammy Awards in 2016 and was the most-streamed song for a significant amount of time.

In 2017, the Estate of Townsend brought a copyright infringement suit against Sheeran and various companies that licensed and distributed Thinking Out Loud. The allegation against the famous popstar was that both songs shared similar harmonies, drums, bass lines and tempos. Specifically, the alleged infringements elements referred to a four-chord progression that is paired with a common harmonic melody. The district court found in favor of Sheeran, ruling that because the songs are not substantially similar when looked at its entire composition, it cannot be inferred that Sheeran infringed on Let’s Get It On’s copyright. The U.S. Court of Appeals for the Second Circuit agreed, and, on November 1st, 2024, the Court agreed with the district court’s ruling and rejected the Estate’s arguments for copyright infringement citing the Copyright Act of 1909.

The Copyright Act of 1909 protects only musical compensations that are defined in the sheet music deposited with the Copyright Office. Furthermore, any audio recordings or other material elements of the songs are irrelevant for copyright purposes. Individuals involved in these types of copyright infringement cases must not only take into account legal principles, but also take a close look at analyzing the similarities between the composition of the songs. But how does one decide whether one song is too like another exactly? Jurors must determine if the songs are ‘substantially similar’ to one another which is a lengthy assessment. This analysis involves using expert testimony to assess if the defendant had access to the original work and if the shared elements between the songs are considered protectable and are not common building blocks in songwriting.

Copyright infringement in the arts can create problematic issues for people wishing to publish new songs. Since there are only a set number of musical notes in the scale that can be played and only a certain number of combinations of notes sound appealing to the ear, it seems reasonable to assume that, as more artists create music over the years, the likelihood of infringement with other songs will increase. With new technologies like YouTube enabling musicians to publish songs at a lower barrier to entry, the rate at which music is created by artists will only continue to increase. Within these combinations of notes and the increasing output of combinations due to technological advancement, copyright issues will likely increase in frequency as the years progress. Something will need to be done in the future to prevent the stifling of artistic pursuit. If this current system remains, then artists will be incentivized to not produce as much new music, fearing legal consequences, and the rest of us will not have as much new music to listen to.

For more information:  https://www.reuters.com/legal/us-jury-sides-with-ed-sheeran-lets-get-it-on-copyright-trial-2023-05-04/

https://fingfx.thomsonreuters.com/gfx/legaldocs/byvrmkebzpe/ED%20SHEERAN%20MARVIN%20GAYE%20COPYRIGHT%20LAWSUIT%202d%20cir.pdf

For help with your small business’s intellectual property needs, contact the Elon Law Small Business Clinic at businessclinic@elon.edu

Mark your calendars. On November 21, 2024, Google will be changing how its Local Services Ads work. In an effort to crack down on fraud, Google will only allow businesses with a verified Google Business Profile to run these ads. While verifying your Google Business Profile is easy, it does take some time to finalize.

Local Services Ads are crucial to small businesses as they allow businesses to advertise services and products to local leads. These ads display hours of operation, customer reviews, and the geographic area that you serve. In contrast to regular Google ads, Local Service Ads appear at the top of Google Search Results and Google Maps to attract more customers.

If you have a business that currently uses Google Local Services Ads but does not have a verified Google Business Profile, your ad may be paused until the verification process is complete. This could result in a temporary or permanent loss of advertising opportunities if you do not meet the new requirements by the deadline.

Small businesses can ensure their ads continue running without interruption by verifying their Google Business Profile as soon as possible to comply with Google’s new policies. The process is rather simple. First, business owners should either claim or add their business address on Google. Second, businesses will confirm it using one of several methods, such as phone, text, email, or video verification. The verification process may vary depending on the business type and location and could also require submitting additional documentation like business registration, insurance, or licensing details. Then, business owners will receive a notification once their profile is successfully verified.

Verification can take up to seven business days. To stay ahead of the changes, it is highly recommended that businesses review and complete their Google Business Profile verification well before November 21, 2024. This will ensure that your Local Services Ads continue running smoothly and your business remains visible to potential customers in your area. By acting now, you can avoid disruptions to your advertising strategy and maintain your competitive edge in local search results.

For more information, follow this link:  https://support.google.com/business/answer/7107242?hl=en

For help with your small business’s legal needs, contact the Small Business Clinic at businessclinic@elon.edu.

As the 2024 U.S. election approaches, both Kamala Harris and Donald Trump have proposed policies targeting small businesses. Here’s a look at the potential pros and cons of each candidate’s plan, providing insights on how they might shape the small business landscape.

Kamala Harris’s Small Business Policies

Harris’s approach emphasizes increasing startup support and improving access for new businesses. She proposes raising the startup tax deduction from $5,000 to $50,000 and suggests deferring these deductions until the business reaches profitability, which could allow entrepreneurs to maximize tax savings and ease early-stage financial pressures. Harris has committed to directing one-third of federal contract dollars to small businesses. This plan includes expanding contract access for small businesses in rural and underserved areas, building on the Small Business Administration’s current goal of awarding 23% of prime government contracts to eligible small firms. Additionally, she aims to simplify occupational licensing requirements, which would reduce the regulatory burden on small businesses, especially in highly regulated industries.

However, Harris’s plan also includes raising the corporate tax rate to 28%, which could impact small C-corporations, potentially cutting into profit margins. Her proposal for a 28% capital gains tax on high-income earners might also affect small business owners looking to attract investment from wealthier backers or reinvest their own capital gains. Although her policies are geared toward economic stability, increased regulation, such as her proposed federal ban on price gouging in the food industry, could bring additional compliance costs for businesses dealing in regulated products.

Pros:

·       Increased tax deductions for startups, allowing businesses to delay deductions until profitable.

·       Simplified licensing requirements, reducing entry barriers for small businesses.

·       Expanding contract access for small businesses in rural and underserved areas.

·       Price stability focus could aid businesses by stabilizing costs and reducing competition pressures from large corporations.

Cons:

·       Harris’s plan to raise the corporate tax rate to 28% could increase costs for some small businesses organized as C-corporations, potentially impacting profit margins.

·       Higher capital gains tax on high-income earners could make it more difficult for small business owners looking to reinvest profits or attract investment from wealthier backers.

·       Although her policies are targeted at reducing red tape, the federal ban on price gouging and new regulatory standards could impose compliance costs, especially for businesses dealing in regulated goods.

 

Donald Trump’s Small Business Policies 

Trump’s plan primarily focuses on tax cuts and trade protections. His proposal to reduce the corporate tax rate from 21% to 15% would decrease taxes on small C-corporations, freeing up resources for growth. Trump also supports extending or making permanent the 2017 Qualified Business Income Deduction, which allows significant tax savings for pass-through entities like LLCs and S-corporations. Additionally, Trump’s stance on payroll tax elimination for tips could benefit industries like hospitality, helping employers by reducing payroll tax burdens while also potentially increasing employee take-home pay.

However, Trump plans to impose tariffs of 10% to 20% on imports and a more than 60% tariff on goods from China, which could raise costs for small businesses reliant on foreign suppliers. These tariffs might impact sectors such as retail and manufacturing, potentially resulting in higher prices for consumers. Additionally, the potential elimination of Social Security taxes for retirees could have long-term implications, affecting funding for programs critical to many Americans, particularly those with limited retirement savings, which may indirectly impact businesses that rely on older customers.

Pros:

·       Trump’s proposal to reduce the corporate tax rate to 15% would lower the tax burden on small businesses organized as corporations, allowing them to reinvest more into growth.

·       Extended Qualified Business Income Deduction provides substantial savings for pass-through entities.

·       Elimination of payroll tax on tips would help reduce payroll costs in the hospitality industry.

Cons:

·       Trump’s plan to impose tariffs (up to 60% on certain imports) could increase the cost of goods for businesses relying on international suppliers, affecting sectors like retail and manufacturing.

·       Potential long-term budget impact of Social Security tax cuts could indirectly affect consumer spending patterns.

·       Limited regulatory relief specific to small businesses.

 

Overall Impact and Considerations 

Both candidates aim to aid small businesses but approach their support from different angles. Harris’s policies lean toward regulatory support and small business access, providing greater startup relief but potentially increasing operational costs due to higher taxes. Trump’s policies focus on tax cuts and tariffs to protect domestic industries, which might benefit established businesses more than startups. Small businesses will need to consider these potential changes carefully as they plan for 2024 and beyond.

In a climate of rising inflation and economic uncertainty, the 2024 election could substantially influence small business viability and growth depending on which policies prevail.

 

Sources

1.      https://angelcapitalassociation.org/blog/harris-amp-trump-a-review-of-the-candidates-small-business-plans/

2.      https://www.newsweek.com/how-kamala-harris-donald-trump-policies-may-impact-businesses-1953026

3.      https://www.politico.com/news/2024/09/03/harris-small-business-tax-cuts-00177210

Just before noon on September 26, 2024, Hurricane Helene made landfall in Northern Florida as a category 4 hurricane, beginning its path of deadly destruction. Within 48 hours, Helene’s winds and floods left a path from Florida to the Southeastern Appalachian Mountains. The damage has left businesses across the southeastern United States devasted and highlighted their vulnerability to natural disasters. Some estimate that the damage across this region is approximately $250 billion. According to the North Carolina Office of State Budget and Management (OSBM) Preliminary Damage and Needs Assessment, OSBM estimates that damage in North Carolina alone will exceed $53 billion.

Businesses across the region now face immense financial pressure, emphasizing the need for recovery strategies and preparation as climate-related disasters increase in frequency and intensity. Retailers and service providers struggle with power outages and reduced consumer activity due to infrastructure damage. Manufacturing and distribution companies are experiencing major delays as blocked transportation routes have caused supply chain disruptions, leading to shortages of goods. Tourism and hospitality industries, reliant on steady visitor traffic especially during “peak leaf season”, have seen mass cancellations. Fall season is particularly important to many local businesses in the counties most affected by Helene, with businesses regularly citing the importance of October to annual revenue.

With the loss of essential services, utilities, and transportation, comes a long-term halt in operations for businesses across the region. The complex and time-consuming process of restoring infrastructure has slowed businesses from reopening and impaired access to key customer bases.

While businesses certainly cannot avoid natural disasters, businesses can prepare for them by creating a Business Continuity Plan (“BCP”). A BCP includes assessing your business’s risks and detailing your response to an unexpected natural disaster. Creating an effective BCP will not only help mitigate risks but will also make way for a faster recovery, prioritize employee safety, and establish clear communication methods during a crisis.

To create a BCP for your business, begin with a risk analysis to assess which threats your business is likely to face. Next, create recovery strategies specifically tailored to your business, including a crisis management team and clear communication methods. Last, implement and practice the policy to ensure that your business can keep running in different scenarios. Even if you already have a BCP, it is best practice to test it regularly and update it as necessary. To help test your BCP, Ready.gov, an official website of the United States Department of Homeland Security provides a Business Continuity Plan Test Situation Manual, accessible here.

For more information on how to create an effective BCP, consider reading the IRS guide to preparing for disasters https://www.irs.gov/businesses/small-businesses-self-employed/preparing-for-a-disaster-taxpayers-and-businesses or the Federal Emergency Management Agency (FEMA) emergency preparedness checklist https://www.fema.gov/pdf/library/bizindst.pdf.

On Thursday, October 3rd, the International Longshoremen’s Association, representing 45,000 striking U.S. dockworkers at East and Gulf Coast ports, announced an agreement to suspend a three-day strike until January 15, 2025. This pause allows for further negotiations on a new contract.

Although the immediate strike has been suspended, its potential repercussions for small businesses loom large should it resume in January. The initial strike, which began on October 2nd, already disrupted operations at ports, and a renewed strike could significantly impact businesses, particularly those with narrow profit margins. Experts caution that if the strike continues, it could lead to sharp price increases and shortages of essential goods, similar to the supply chain challenges experienced during the pandemic. Small businesses that rely on imported materials are especially at risk of facing higher costs.

Manufacturers across various sectors should brace for the potential impact, as each week of a strike could noticeably affect GDP and result in substantial losses in imports and exports. The threat of inflation is particularly concerning if the strike resumes in January, with prices for perishable goods and manufactured items likely to rise. While the immediate effects will be serious, experts believe that broader economic consequences may be manageable if a resolution is reached quickly, although government intervention seems unlikely at this stage.

Business owners should closely monitor these developments, as they expose vulnerabilities in operations that extend beyond rising costs. Large-scale labor strikes introduce new risks, particularly for those with limited cash flow who may struggle to meet contractual obligations. Delays could lead to missed delivery deadlines, breach of contract claims, and disrupted supply chains critical to daily operations. For businesses dependent on imports or narrow supply networks, the consequences could be severe, both financially and legally.

Owners must prepare to address liability concerns for unfulfilled contracts and may need to renegotiate terms with suppliers. Understanding legal options—such as invoking force majeure clauses in response to unforeseen labor disputes—will be vital to avoid costly litigation. Additionally, ensuring adequate insurance coverage for prolonged delays is essential, and consulting legal professionals early can help prevent misunderstandings that might further strain resources.

This situation serves as a crucial reminder for small business owners to remain agile and informed. By staying updated on developments and potential government interventions, entrepreneurs can better navigate their rights, obligations, and available remedies amid labor disruptions. Keeping a close eye on the situation will enable business owners to make informed decisions about risk mitigation strategies, such as diversifying supply chains or seeking alternative sourcing options, thereby ensuring their long-term resilience.

For help with the legal needs of your small business, contact Kellyn Baker or Sarah Fuller at businessclinic@elon.edu.

 

 

For 57 years, Marvel Comics and DC Comics enjoyed the exclusive use of the word “Superhero” as a joint trademark. But that enjoyment quickly came to a halt on September 26th, 2024, when the United States Patent and Trademark Office’s (“USPTO”) tribunal panel removed the word “Superhero” as a registered trademark.

First, let’s start with, what is a trademark? A trademark is a symbol, word, or words legally registered or established by use of a particular company and identifies the goods or services. A trademark is issued by the United States Patent and Trademark Office (“USPTO”), and it provides legal protection for your brand to prevent fraud or counterfeiting.

Briefly taking a glimpse into the past, the two comic giants have dominated the comic industry since 1954, publishing a majority of American comic, particularly those about superheroes. As time went on, they would attempt to purchase smaller publishers that would take a shot at writing superhero comics. In 1966, the two publishers jointly applied to register the trademark “super hero” for masquerade costumes. The application was subsequently granted in 1967, after which they also filed applications for “Super Heroes” to be used for toys, publications, ice cream, clothing, and television programs.

Despite Marvel Comics and DC Comics trademark being removed on a technicality for failing to make a timely response to the challenge, it likely still would have been removed due to its genericness. Even with just a quick search on the USPTO.gov website, it becomes clear that many individuals have found a creative way around the restrictions based off the trademark by adding dashes or slightly changing the words. Marvel Comics and DC Comics having a joint trademark on the word was particularly strange in the first place, because “Superhero” appears to refer to an entire genre and not to a singular source as is required by the USPTO. With that power over the seemingly generic phrase, the two comic giants were able to establish monopolies over the market – leaving smaller publishers unable to enter the superhero creative landscape. In the past, the mark has been challenged countless times, but the companies were adamant and relentless in their efforts to maintain ownership over the mark. The current oversight by Marvel Comics and DC Comics for failure to respond has now opened the door for new voices to make their mark in the super hero realm. However, keep in mind that despite the cancellation of the “Super Hero” trademark, DC Comics and Marvel Comics still hold the trademark for “Super Heroes” and “Super-Villain”.

So, for all you aspiring comic book artists and storytellers, what does this mean for you? Well, this means that you can now share your superhero story that you’ve always wanted to write, without fear of a lawsuit – just be careful about using the term “super-villain”.

 

For help with your small business’s intellectual property needs, contact the SBEC at businessclinic@elon.edu.

 

Hello! My name is Joy Reibold. I am a current 3L at Elon University School of Law. I was born and raised in Indiana and attended Purdue University where I received my bachelor’s degree in Political Science. Before attending law school, I spent a year working as a secretary and legal assistant at a real estate law Firm in Mount Pleasant, South Carolina. I then moved to North Carolina to pursue a career in law at Elon University.

I am the President of Elon Law Fellowship of Christian Lawyers, and member of the Elon Moot Court Board, the Federalist Society, and Phi Alpha Delta, the law fraternity. Last year I was a Teaching Assistant for LMC and this year I am the Teaching Assistant for Evidence.

In the Spring Semester, I was a Resident for Honorable Jeffery K. Carpenter at the North Carolina Court of Appeals where I reviewed appellate records, worked with appellate procedures, and drafted case opinions. This past summer I worked with Vernon Law Firm on a variety of topics including custody disputes, real estate title work, landlord-tenant disputes, and general contract disputes.

I am thrilled to have the opportunity to be a Student Attorney and to assist small and local businesses this fall!

 

Hello! My name is Rene Tobolski, and I am currently a 3L at Elon University School of Law. I earned my undergraduate degree from Loyola University New Orleans, majoring in Criminal Justice and Psychology.

 

At Elon, I was on the executive board of Phi Alpha Delta Fraternity and the Health Law and Bioethics Society. Prior to attending Elon, I worked at a small real estate and immigration law firm in the suburbs of Chicago. During my time at Elon, I have also worked at the Rawlings Law Firm in Winston Salem that specializes in Medical Malpractice law and Robertson and Associates in Charlotte, specializing in business and construction law. From those experiences, I have drafted countless complaints, motions, leases, and business documents.

I am thrilled to be joining the Small Business and Entrepreneurship Clinic as a student attorney this term and look forward to assisting local businesses and entrepreneurs in entity formation and establishment, and intellectual property applications.

 

Hello! My name is Sarah Fuller, and I am a third-year law student at Elon University School of Law, where I am also pursuing my MBA at the Love School of Business. I earned my undergraduate degree from High Point University, where I double majored in Political Science and Criminal Justice, with a minor in Legal Studies.

Throughout my time at Elon, I have gained valuable hands-on experience in transactional and regulatory law, focusing on areas like regulatory compliance, mergers and acquisitions, and joint ventures. At Robinhood Markets, Inc., I led compliance efforts for innovative financial products, drafted intercompany contracts, researched regulatory requirements, and collaborated with agencies such as the SEC and FTC. These experiences enhanced my understanding of federal conflict-of-interest statutes and regulatory frameworks.

Most recently, during my time at Shumaker, Loop & Kendrick, LLP, I further developed my legal expertise by drafting memoranda, writing motions, and conducting in-depth legal research. I was also involved in significant transactions, including a $54 million acquisition, where I managed legal documentation and ensured regulatory compliance.

I am excited to join the Small Business and Entrepreneurship Clinic as a student attorney and look forward to supporting local businesses and entrepreneurs with entity formation and intellectual property applications.

For assistance with your small business’s legal needs, contact Joy, Rene, or Sarah at businessclinic@elon.edu.

 

 

 

Hello! My name is Shereena Kamal, and I am currently a 3L at Elon University School of Law. I earned my undergraduate degree from North Carolina State University, majoring in Political Science with a minor in Business Administration.

Before and while at Elon Law, I gained hands-on experience in business operations, including LLC licensing and regulatory compliance. This included preparing Articles of Organization during LLC formations and managing the annual reporting requirements to maintain the company’s good standing.

During my second year, I completed a residency in practice as an extern at Kontoor Brands, Inc., where I further developed my knowledge of trademark law. I worked closely with the legal team on trademark registration and enforcement, including conducting searches for potential conflicts and assisting with the preparation and filing of trademark applications.

I am thrilled to be joining the Small Business and Entrepreneurship Clinic as a student attorney and look forward to assisting local businesses and entrepreneurs in entity formation and intellectual property applications.

 

Hello! My name is Kiera Connolly. I am a current 3L at Elon University School of Law. I am originally from New Jersey but made my way down south and got my bachelor’s degree in criminal justice and criminology with a minor in Spanish at the University of South Carolina. I then moved to North Carolina to pursue a career in law.

I am a Chair of the Elections Committee and a member of the Sports & Entertainment Law, First-Generation Societies and Women’s Law Societies and Phi Alpha Delta, the law fraternity.

This past spring I worked with Triad Legal Group in the family law department. I drafted agreements and gained litigation experience. I further explored these skills at Dummit Fradin, Attorneys at Law over the summer.

I am thrilled to have the opportunity to be a Student Attorney and to assist small and local businesses this fall!

For help with your small business’s legal needs, contact Shereena and Kiera at businessclinic@elon.edu.

 

Hello! My name is Kellyn Baker, and I am currently a 3L at Elon University School of Law. I have moved around many times, but I claim Florida as my home and plan to return after graduating this December! Before starting at Elon, I attended the University of Mississippi for undergrad, where I obtained a Bachelor’s in Accounting, a Bachelor’s in Business Administration specializing in Global Supply Chain Marketing, and a Certificate in Manufacturing. This background is what inspired me to pursue a career in business law. After completing a capstone project where students were required to create a business and all business plans from the first idea to manufacturing to sales plans, I gained a great appreciation for what entrepreneurs and business owners go through to pursue their business dreams. Because of this, I wanted to pursue a career in which I was in the position to best assist entrepreneurs pursuing their business goals.

While at Elon, I have had the opportunity to serve as the Treasurer and Communications chair for the Intellectual Property Society and the Vice President of the Business Law Association. I have also been involved in the AARP Tax-Aide Clinic, Women’s Law Association, Sports and Entertainment Law Society, First Gen. Society, and the law fraternity Phi Alpha Delta.

Since the summer following my 1L year, I have been interning with the data analytics company, Dun & Bradstreet. While at this company, I have had the opportunity to work both on their Global Sourcing, Procurement, & Vendor Management team and now their in-house counsel team. In these positions, I have gained invaluable experience in contract negotiations and drafting, as well as, corporate compliance and other general corporate secretary tasks.

I am thrilled to be joining the Small Business and Entrepreneurship Clinic as a student attorney this term and look forward to assisting local businesses and entrepreneurs in entity formation and establishment, and intellectual property applications.

 

Hello, my name is William Shafer, and I am a current 3L at Elon Law School. I got my bachelor’s degree from William Peace University where I majored in Political Science with a minor in History. During my time at Peace, I completed a strategic communications internship where I helped create a guerrilla marketing campaign for a Tangible Immersive Learning Experiences initiative for the school.

I am attending an MBA program with Elon Business School in addition to my law degree. During my time at Elon Law, I have had the privilege of serving as an Executive Vice President of the Federalist Society and completing a Legal Internship with Nix & Wade, Attorneys at Law over the first summer. During my second year I completed a residency in practice as in house counsel with The Carroll Companies, then stayed on with them over the second summer as a Legal Clerk. All of these experiences have led to me accumulating real world, practical experience that I soon hope to use for the benefit of small businesses during this clinic.

I am thrilled to be a part of the Small Business and Entrepreneurship Clinic as a student at Elon Law School and look forward to assisting local businesses in entity formation and intellectual property issues.

For help with your small business’s legal needs, contact Kellyn and William at businessclinic@elon.edu.

vs.

Revenge. Typically, a dish best served cold. But this revenge comes with a side of beef…and it’s piping hot.

Over the past month, Grammy-award winning rappers Drake and Kendrick Lamar have lobbed unsavory insults and thrown vicious verbal jabs at one another through a series of diss tracks. What began as medium-rare beef has been rapidly overcooked, with mainstream media turning up the heat and propelling the feud into the public spotlight. While media moguls such as Fox and NBC have weighed in on the debate, social media influencers and online streamers have propelled the narrative around the beef to heights not seen in rap since the early 90’s and certainly not in the social media era. And all this is thanks to the protections of copyright law and the rights therein held by copyright owners.

As social media and online streaming have started to monopolize the online media sphere, musicians and record labels are quick to enforce their copyright protections over their work. The Digital Millenium Copyright Act (“DMCA”), passed by Congress in 1988, aims to limit and manage digital copyright infringement and liabilities. The DMCA provides a framework, a DMCA Takedown, whereby musicians and record labels can petition to have their infringed content removed.

The DMCA Takedown operates in two steps. First, the Online Service Provider (“OSP”) or Internet Service Provider (“ISP”) is put on notice of the alleged infringement. Second, once the OSP or ISP is put on notice of the infringement, they must remove the alleged infringement. Failure to comply could expose the OSP or ISP to liability and potential long-term ramifications. However, upon receiving notice of the alleged infringement, the infringing party can counter-claim the DMCA Takedown and take the copyright owner to court to have the matter adjudicated.

How does this relate to rap beef? With the war of words between the artists raging on, it has been their fans, or foes, who have propelled the beef forward. Drake and Kendrick Lamar, as well as their teams and record labels, have removed many of the copyright protections initially on their diss tracks and related music videos, refusing to enforce a DMCA Takedown. As a result, social media influencers and online streamers alike have spent ample time reacting to the music videos, analyzing the barbs embedded in the lyrics, and stimulating discourse around the feud. Empowered by the lack of enforcement regarding copyright infringement, individuals have been able to profit from their reactionary work, while simultaneously serving as novice marketers for the searing beef.

For years, copyright protection has been used to prevent others from infringing and exploiting creative works for monetary gain. Here, both artists flip this protection on its head, cashing in on the lucrative marketing scheme while generating profit and promotion. All thanks to the powers of copyright protection and the rights held by copyright owners.

For help with your small business’s copyright needs, contact the SBEC at businessclinic@elon.edu.