Re: music playlists

From: <LKim[_at_]cohenlaw.com>
Date: Thu, 31 Mar 2005 16:05:00 -0500

      I would analogize play lists as being similar to recipes. Recipes are copyrightable as compilations. Nimmer makes reference to this, but the copyright is thin. Here, the play lists are being copied without authorization and, to the extent that they are copied as a whole, this raises a good question of whether verbatim copyright infringement has been committed and the thickness of the protection of said copyright. [106(1) being the right to reproduce and authorize the making of copies -- separate and apart from 106(3) -- the right to distribute and authorize the distribution of said copies (this would include "publishing"/making available to the public)).]

---

Lee Kim, Esq.
Patent Agent
Cohen & Grigsby, P.C.
11 Stanwix Street, 15th Floor
Pittsburgh, PA 15222
Direct dial: 412-297-4969
FAX: 412-209-1965
E-mail: lkim[_at_]cohenlaw.com

                                                                           
             "Webb, Jere"                                                  
             <JMWEBB[_at_]stoel.com                                             


             >                                                          To 

             Sent by:                  "CNI-COPYRIGHT -- Copyright &       
             "CNI-COPYRIGHT --         Intellectual Property"              
             Copyright &               <CNI-COPYRIGHT[_at_]cni.org>             
             Intellectual                                               cc 
             Property"                                                     
             <CNI-COPYRIGHT[_at_]cn                                     Subject 
             i.org>                    [CNI-(C)]  music playlists          
                                                                           
                                                                           
             03/30/2005 05:55                                              
             PM                                                            
                                                                           
                                                                           
             Please respond to                                             
             "CNI-COPYRIGHT --                                             
                Copyright &                                                
               Intellectual                                                
                 Property"                                                 
             <CNI-COPYRIGHT[_at_]cn                                             
                  i.org>                                                   
                                                                           
                                                                           




      Client operates an online music site where you can browse songs, add
      tracks to your play list, and get suggestions for songs you might be
      interested in.  Copyright permissions are obtained.  Client proposes
      to have a bot "scrape" play lists from other music websites  (these
      are all over the web).  They would not be published or distributed in
      any way, but would merely go into a database that would be used to
      analyze affinities or likely interests of listeners.  Then when you
      go to the site you will get suggestions on music that might be of
      interest to you, much like amazon does with books.  The question is,
      does anybody think these play lists enjoy any copyright protection.
      I conclude that they do not.  No matter how creative the selection
      process may be,  the expression is just an an alphabetical list and
      therefore covered by Feist v. Rural Communications (holding the white
      pages of telephone book not subject to copyright protection and
      rejecting the "sweat of the brow" theory of protection).

Any thoughts, cases etc, relevant to this issue.?

 I am aware that my client may need to be concerned about website terms and conditions, which sometimes impose restrictions beyond what is protected by copyrights.

---

This email contains confidential, privileged information intended only for the addressee. If you have received this email in error, please call us (collect) immediately at 412-297-4900 and ask to speak to the message sender. Also, please email the message back to the sender at Cohen & Grigsby by replying to it and then deleting it. We appreciate your assistance in correcting this error.      

http://www.cohenlaw.com

---

Received on Fri Apr 01 2005 - 02:05:00 GMT