3 Count: Cathy’s Clown

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1: Sixth Circuit Revives Copyright Dispute Over Everly Brothers Song

First off today, Kevin Koeninger at Courthouse News Service reports that the Sixth Circuit Court of Appeals has revived a lawsuit filed by the estate of Phil Everly against Phil’s brother Don Everly.

The lawsuit was filed in 2017 and centers around the the 1960 hit song Cathy’s Clown. Don Everly actually filed the lawsuit seeking a declaration that he is the sole author of the song but estate of Phil Everly filed counterclaims seeking co-authorship credits. However, the district court sided with Don, granting him summary judgment.

Originally, the song was listed as a work of co-authorship but that was changed in 1973 after the brothers had a falling out. However, according to the Appeals Court, there are enough factual disputes over that falling out to hold a trial and that the dismissal was premature. This sends the case back to the lower court for a possible trial.

2: Federal Court of Australia Finds ‘Flagrant’ Copyright Infringement of ‘Love is in the Air’

Next up today, Chris Round and Bianca D’Angelo at the National Law Review report that an Australian Federal Court has ruled that an American duo named Glass Candy had committed “flagrant” copyright infringement of the 1977 Australian song Love is in the Air, setting the stage for another hearing on damages.

The lawsuit was filed by Boomerang Investments, which claimed to be the owner of Love is in the Air. They claimed that the Glass Candy song Warm in Winter as well as a French adaptation of the song entitled France is in the Air, also created by Glass Candy, were infringements of the original song.

Though the court only found “modest” levels of copyright infringement between the songs and dismissed most claims for damages, the judge did describe the copying as “flagrant” and set the stage for a further hearing on damages.

3: Apple Fights U.S. Government Intervention In iPhone Copyright Case

Finally today, Thomas Brewster at Forbes reports that recently unsealed court documents showed that Apple has objected to the Department of Justice’s (DOJ) attempt to interfere with their lawsuit against a company that they accused of making illegal “virtual” versions of Apple software.

The lawsuit is between Apple and the smaller tech company Corellium. Corellium is a company that produces “virtual” software versions of various devices, such as iPhones, to test both security and functionality. However, as the case progressed, the DOJ asked that a planned deposition of Corellium’s cofounder Chris Wade be delayed as, according to their filings, impact various criminal investigations that are ongoing.

The DOJ said it needed to know what evidence Apple was planning on presenting Wade as part of that deposition. Apple said it was prepared to share its evidence with the DOJ but that it wanted an assurance of confidentiality, which they say they have not received. As a result, Apple is opposing the DOJ’s efforts to interfere in the case, saying that there is no way to be certain the government has a legitimate interest in the case.

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