Further Thoughts on Infringement as Conversion

After my last post discussing the holding in Flo & Eddie v. Sirius XM that the defendant had converted the plaintiff’s property when it publicly performed its pre-1972 sound recordings without a license, someone asked me how that holding is reconcilable with the Supreme Court’s statement in Dowling v. United States that “interference with copyright […]

Happy Together: Infringement as Conversion

The copyright world is abuzz this week about Monday’s decision in Flo & Eddie v. Sirius XM. Flo & Eddie Inc. is a corporation owned by two of the original members of “The Turtles,” the group that recorded hit songs in the 1960s such as “Happy Together,” and it sued satellite radio giant Sirius XM […]

The Various Views of Volitional Conduct

On July 15th of this year, the Copyright Office sought “further comments on the state of U.S. law recognizing and protecting ‘making available’ and ‘communication to the public’ rights for copyright holders.” The Office had solicited similar comments this past February, and a total of twenty-seven replies were filed at the time. After the Supreme […]