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Copywrite Infringement 

Marshmello vs Arty

WRITERS/PUBLISHERS INVOLVED:

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Marshmello's Attorney: Robert A. Jacobs of the law firm Manatt Phelps & Phillips

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Artem Stoliarov's (Arty) Attorney: Richard Busch

Interscope Records

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THE CASE:

     Marshmello’s 2018 hit remix of “Happier,” originally by Bastille, just won its case against Arty’s (Artem Stoliarov) “I Lived” remix of the song, originally by One Republic. The court ruled in favor of appealing the case as Filed by Richard Busch in 2019, the same attorney who sued Robin Thicke and Pharrell over “Blurred Lines,”

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     The lawsuit claimed that Marshmello used a synthesizer melody Arty had added to “I Lived” for the remix.

     Arty created his remix under a deal with Interscope in which he agreed that he was not entitled “to any ownership or financial interest in the underlying musical composition.”

     Arty urged the appeals court to rule that the contract only barred him from claiming ownership over OneRepublic’s original song. He pointed to industry experts who testified that a remix artist wouldn’t typically agree to sign away their contributions to an earlier song.

THE DECISION:

     The Court rejected the claim from Arty, by not providing enough evidence to support his claim. Marshmello’s attorney, Robert A. Jacobs said: “We are pleased with the Ninth Circuit’s well-reasoned decision, and grateful that the court agreed that Arty did not have the right to bring the lawsuit in the first place.”

My Thoughts:

I believe a simple chord progression can easily be mimicked. I also believe most artists have been copied in the past but not on purpose. Just by simple design and feel for a melody may mimic or copy an artist's melody but it is possible the artist is oblivious it even exists. Like the article says, in writing Arty signed that he did not own the rights to his remix, therefore he did not even have the right to say it was copied. 

MMA

     The Music Modernization Act was designed and updated frequently to make licensing more far to artists. This is divided into three acts: Music Works Modernization Act, Classes Protection and Access Act, and Allocation for Music Producers Act. Publishers must register with The MLC to receive royalty payments.

ACT III: Allocation for Music Producers Act.
     This allows producers, users, mixers, sound engineers, to receive royalties for using recordings under section 114 with SoundExchange allowing those royalties. 
     This is definitely beneficial as remixes and sample packs are extremely common now in the music industry. 

     

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