A section 43(a) claim is definitely possible. One would just have to
prove a likelihood of confusion.
Christopher Pesce
chrisp[_at_]corbis.com
> From: cni-copyright
> To: Multiple recipients of list
> Subject: Re: radio commercial background music
> Date: Wednesday, March 01, 1995 7:39PM
>
>
> On Wed, 1 Mar 1995, Sheldon W. Halpern wrote:
> *snip*
> > First, the easiest part: the owner of the sound recording copyright
> > does not have any performance rights and therefore consent for the
> > performance of the sound recording as such is not needed. On the other
> > hand, of course it is an infringement of the sound recording copyright
> > literally to copy the sound recording (i.e., by taping excerpts for
> > inclusion in the ad) and consent to such copying is required.
>
> A minor aside: might not the artist on the sound recording have a
> possible Lanham 43(a) claim, provided that his/her voice is as
> distinctive as Bette Midler or Tom Waits?
>
>
> Charles Glasser
> NYU Law (2l)
Received on Fri Mar 03 1995 - 02:22:47 GMT