3 Count: Vibe Check

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1: Appeals Court Rejects Last-Ditch Attempt at Reviving Copyright Case Against Ed Sheeran’s ‘Thinking Out Loud’

First off today, Daniel Tencer at Music Business Worldwide reports that the Second Circuit Court of Appeals has ruled in Favor of Ed Sheeran in a lawsuit over his hit song Thinking Out Loud.

Structured Asset Sales (SAS) filed the lawsuit, claiming that the song infringed on the Marvin Gaye song Let’s Get it On. However, the judge dismissed the case following a jury verdict in favor of Sheeran in a similar case filed by the estate of Gaye’s co-author, Ed Townsend.

The appeals court has upheld that dismissal. SAS argued that the judge erred in dismissing the case because he declined to hear from their expert witnesses. SAS then sought a hearing en banc, meaning before the entire panel of judges, but that request was denied. Now, the only option left is an appeal to the Supreme Court, which is unlikely to succeed.

2: Netflix’s ‘Don’t Look Up’ Faces Fresh Copyright Challenge

Next up today, Przemek Romanowski at the Daily Wrap reports that Netflix is facing another lawsuit over the film Don’t Look Up.

This lawsuit was filed by Darren Hunter, a Pennsylvania author who alleges the film 2021 film infringes his 2015 self-published book The Million Day Forecast. His claim specifically highlights plot elements, characters and themes that he alleges were taken from his novel. For that, he is seeking $3 million in damages.

Author William Collier filed a similar lawsuit against Don’t Look Up. Last month, a judge dismissed the lawsuit, ruling that the similarities do not qualify for copyright protection.

3: Bad Influence: The Influencer Lawsuit that Could Change the Industry

Finally today, Mia Sato at The Verge reports that TikTok creator Sydney Nicole Gifford has filed a lawsuit against fellow creator Alyssa Sheil, accusing her of copyright infringement, tortious interference and misappropriation.

The lawsuit includes dozens of comparisons and accuses Sheil of copying her style and incorporating similar elements into her videos. It claims that Sheil posted similar images and videos shortly after her and even got a similar tattoo.

Most copyright experts feel that the arguments are a long shot. They note that photographs and videos of other people’s products would only have a thin copyright and that reposting or direct copying is not accused. The lawsuit seeks unspecified damages, but according to the article, it could reach into the millions.

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