Hard as it may be to believe, cease and desist letters are occasionally more valuable than the paper they’re printed on. So, Paterno’s approach: obnoxious and overreaching? Probably. Since Joe writes better songs than you do, the Copyright Act rewards him by letting him decide who gets to use the songs he writes. Now, I know why you used Joe’s music - it’s undoubtedly because it’s a lot better than any music you or your staff could have written. ![]() This is not to say you’re not allowed to write silly lyrics, you just have to write them to your own music. Walsh (candidate) was accused by Walsh (musician) of using an unlawful derivative version of one of the musician’s songs in a campaign video: nder United States Copyright Act, you’re not allowed to take someone’s song and change the lyrics. If someone handed out an award for “best cease and desist letter of the year,” my vote would go to Peter Paterno’s letter to Joe Walsh, Illinois congressional hopeful, on behalf of Joe Walsh, Eagles guitarist. So, Singer’s approach: histrionic and overbearing? Perhaps. The commentary and (often scathing) criticism that invariably accompanies the posting of such letters would almost certainly qualify as fair use. The real question is whether anyone would actually do anything with them that would constitute copyright infringement. Singer has even taken to demanding that websites not publish or disseminate his letters, under penalty of copyright infringement.Ĭan cease and desist letters be copyrighted? Well, yes - but so can instruction manuals for toaster ovens. And Marty “Mad Dog” Singer’s missives have proven so popular on the Internet gossip circuit that they often garner as much attention as the legal claims they contain. I’ve heard from several people over the years who actually claim to have framed the demand letters they’ve received from my partner Bert Fields. The best cease and desist letters rival great literature (or at least decent mass-market paperbacks), enjoyed by lawyers and non-lawyers alike for their wit and turn of phrase. It has come to our attention that you are _. This letter will serve as formal notice that the above-referenced company is the legal owner of _. They often appear to have been cribbed from a set of legal Mad Libs: Most of these letters will get the job done, but tend to be dry and uninspired. There is no more trusty weapon in the arsenal of an entertainment lawyer. For more information, please click on the “Disclaimer” section in the top menu of this site.Ah, the cease and desist letter. Unless expressly stated otherwise, no document herein should be assumed to be produced by an attorney licensed in your state. No person should act or fail to act on any legal matter based on the contents of this site. You should not act, or fail to act, upon this information without seeking professional counsel. The law may vary based on the facts of particular circumstances or the law in your state. The content is not guaranteed to be correct, complete, or up-to-date. Jacobson, Esq., and you or any other user. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this site, Erin M. If they are considered advertisements, they are general in nature and not directed towards any particular person or entity. They are not legal advice or legal opinions on any specific matters. These materials have been prepared for educational and information purposes only. This site is not intended or offered as legal advice. Paterno.Ĭlick here to read the article and be sure to click on the link within the article to read the full letter. Since Joe writes better songs than you do, the Copryright Act rewards him by letting him decide who gets to use the songs he writes.” I applaud you, Mr. My favorite part is where Peter Paterno (Musician Walsh’s attorney) says “Now, I know why you used Joe’s music - it’s undoubtedly because it’s a lot better than any music you or your staff could have written. The letter is absolutely true in its statement of law, but written in a manner that is hysterical. Musician Walsh’s attorney has sent a letter to Candidate Walsh. (Since you may be wondering, there are still the fair use and parody exceptions if they apply.) If anyone else wants to make changes to your work, they have to get your permission. ![]() If anyone else wants to use your work, they have to get your permission. ![]() When you own a copyright, you are the only one that can do whatever you want with your work. These are both no-no’s under copyright law. In addition, Candidate Walsh also changed some of the lyrics to musician Walsh’s song. Candidate Walsh has used a song by Musician Walsh without permission for his campaign. There is a guy currently running for Congress, also by the name of Joe Walsh. Hopefully, you have heard of the musician, Joe Walsh.
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