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ARTICLE · 08 APRIL 2015

Get A Hit... Get A Writ

So goes the saying in the US entertainment industry. What it means is this: If you have a successful hit, you may pretty much expect to be sued by someone who will claim that you've infringed their copyright

South AfricaIntellectual Property

So goes the saying in the US entertainment industry. What it means is this: If you have a successful hit, you may pretty much expect to be sued by someone who will claim that you've infringed their copyright.

Yet, notwithstanding this, cases involving infringement of music copyright are fairly rare. Yes, it's well known that there was an out-of-court settlement after claims were made that Sam Smith's hit single Stay with Me  infringed the copyright in an old Tom Petty song. And, yes a few years back we did write on an interesting case involving Elton John's old hit  Nikita. What happened in that case was that a certain Guy Hobbs sued Elton John for having infringed the copyright in a song that he had written called Natasha, a song that he claimed he had sent to Elton John before the release of Nikita. A US court found against Hobbs, saying that although the two songs shared certain features – such as the themes of a cold war love affair and unanswered

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