At Davis Wright Tremaine, we believe the most effective counsel blends traditional training with inventive thinking. Our music lawyers represent producers, artists, song writers, composers and music labels. We feel we serve our clients best by taking time to know them and their industry.

• Leiber, et al. v. Consumer Empowerment, et al., Central District of California (2001-present). Co-counsel for plaintiffs in a "Napster-like" copyright infringement case. Defendants (Kazaa, Grokster and MusicCity) are websites offering sophisticated peer-to-peer software technology that allows users to download music and video files from each other. Plaintiffs are music publishers whose music is being downloaded through defendants' services without their permission. (Kelli Sager, A.J. Thomas, Jeff Blum, Emilio Gonzalez, Sara Knoll)
  
  
• Delta Entertainment Corp. v. The Harry Fox Agency, Inc., Central District of California (2002-2003). Co-counsel for The Harry Fox Agency in a declaratory judgment and copyright infringement action against a licensee record company. The case arose from terminations of music licenses following an audit conducted by HFA on behalf of its music publisher principals, which HFA said showed unpaid royalties and improper accounting practices by the record company. (Kelli Sager, A.J. Thomas, Emilio Gonzalez)
  
  
• Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994). Submitted amicus curiae brief to the United States Supreme Court on behalf of HBO, Comedy Central, Mad Magazine, Fox and NBC in the "Pretty Woman" copyright infringement case. (Dan Waggoner)
  
  
• Byrne v. BBC, Southern District of New York, 2001 U.S. Dist. LEXIS 1668 (2000-2001). Represented BBC in an action brought by a composer who alleged copyright infringement and defamation under the laws of the United States and the United Kingdom based on the BBC's use of the song in a documentary news program. (Marcia Paul, Lance Koonce)
  
  
• Courtney Love Cobain v. Grohl, Novoselic and Universal Records, King County Superior Court (2001). Co-counsel for Universal Records in a copyright dispute concerning distribution of an unreleased Nirvana recording, "You Know You're Right." (Stuart Dunwoody)
  
  
• Beeload v. BBC, Maine State Court (2003-present). Representing the BBC as defendant in an action for breach of contract involving right to distribute music from BBC Archives. (Marcia Paul)
  
  
• Boosey & Hawkes v. Walt Disney Co., Southern District of New York, 145 F.3d 481, 2000 U.S. Dist. LEXIS 1643 (1998-2000). Represented Boosey & Hawkes Music Publishers against The Walt Disney Company in a case alleging copyright and Lanham Act violations arising from Disney's videocassette release of Fantasia, which incorporated the copyrighted musical work "The Rite of Spring" by Igor Stravinsky (which is still subject to copyright protection outside the United States). (Marcia Paul)
  
  
• Bobb Goldstein v. Joan Jett, et al., Southern District of New York, 145 F.3d 481, 1998 U.S. App. LEXIS 8329; 2000 U.S. Dist. LEXIS 1643 (2001). Represented Blackheart Records and Joan Jett as defendants in a copyright infringement action regarding certain music allegedly authored by plaintiff. (Marcia Paul)
  
  
• Sandy Kane v. Comedy Central, et al., Southern District of New York (1998-present). Representing Comedy Central and The Daily Show as defendants in a copyright and trademark infringement action arising from a segment lampooning plaintiff's public access show where she sings the song "I Love Dick." (Elizabeth McNamara)
  
  
• Representation of BMI (2001-present). Representing BMI in numerous copyright infringement actions against bars and restaurants that use its music without a license. (Stuart Dunwoody, Eric Stahl)
  
  
• Clyde Otis Music Group v. MTV, Southern District of New York (2002). Represented MTV and Viacom in a copyright infringement suit arising out of synchronization rights concerning the use of musical compositions in a Behind the Music documentary of Natalie Cole. (Elizabeth McNamara)
  
  
• Havens v. MTV, Southern District of New York (2000). Represented MTV and Viacom in a copyright infringement suit arising out of Richie Havens' musical composition "Freedom" in a documentary of Woodstock. (Elizabeth McNamara)
  
  
• Zen Music v. Sunday Productions, Southern District of New York (2000). Defended Sunday Productions and one of its composers against copyright infringement claims involving Sunday Productions' successful advertising jingle, "One at a Time," written for CVS. (Laura Handman)
  
  
• Beebe Bourne v. ColliPark Music, et al., Southern District of New York (2000). Represented ColliPark Music and Ying-Yang Twins in a copyright infringement action brought by Beebe Bourne, the copyright proprietor of the song "Whistle While You Work" by reason of their recording, distribution and sale of a rap song entitled "Whistle While You Twurk". (Marcia Paul)
  
  
• Lemon v. Nelson, et al., Western District of Washington (1997-1999). Represented Prince, Warner/Chappell Music, and Warner Bros. Records in an action alleging that Prince's song "I Hate U" infringed the copyright in plaintiff's song. (Dan Waggoner, Stuart Dunwoody, Kraig Baker)
  
  
• Warren Publishing Co. v. Lyons Group, Western District of Washington (1993-1994). Defended producers of Barney the dinosaur in a three-way dispute between author, publisher and Barney over lyrics to song, "I Love You." (Stuart Dunwoody)
  
  
• Whitney v. Rondor Music International, Inc., d/b/a Irving Music, Inc., Western District of Washington (2000-2001). Defendant music publishing company in infringement dispute over song performed by George Michael. (Stuart Dunwoody)
  
  
• Louis Prima v. Grey Advertising, New Jersey District Court, 78 F.Supp.2d 337 (2000). Represented Grey Advertising and Darden Restaurants in action for violation of the right of publicity of Louis Prima by reason of Grey's use of an alleged sound-alike in a television commercial for the Olive Garden restaurants. (Marcia Paul, Nancy Felsten)
  
  
• Premiere Radio Networks v. Broadcast Data Systems, Central District of California (2000). Defended radio airplay monitoring service in Lanham Act trade label and false advertising case arising from humorous comparative advertising campaign. (A.J. Thomas)
  
  
• Brown v. Mojo Records, et al., Oregon District Court (2001-2003). Represented Mojo Records and the Cherry Poppin' Daddies in a copyright action brought by former band members for royalties allegedly due based on album sales. (Stuart Dunwoody)
  
  
• Hammerstein, et al. v. ASCAP, Southern District of New York, 156 F.R.D. 64; 1994 U.S. Dist. LEXIS 8998 (1993-1994). Represented numerous popular composers and/or their estates, including Richard Rogers, Oscar Hammerstein, Jerome Kern, Charles Strouse, Leonard Bernstein, Irving Berlin, Hoagy Carmichael, Cole Porter, Igor Stravinsky, Frank Loesser, George Gershwin, Aaron Copland and others, in claims arising from the application and interpretation of certain modifications to the antitrust consent decrees against ASCAP. (Marcia Paul)
  
  
• Lyra Productions America v. Allegro Corp., Oregon District Court (2001-2003). Represented plaintiff record label in copyright infringement action against distributor for alleged unauthorized distribution of label's titles. (Stuart Dunwoody)
  
  
• Ohio Players v. Polygram Records, Southern District of New York, 2000 U.S. Dist. LEXIS 15710 (1999-2000). Represented PolyGram Records, Inc. in a breach of contract action brought by the Ohio Players with regard to PolyGram's right to license certain master recordings produced under an exclusive recording agreement for use in connection with television advertisements. (Marcia Paul, Lance Koonce)
  
  
• Hendrix v. Branton, Western District of Washington (1995). Represented third party U.K. record producer Daniel Secunda in dispute over copyright ownership of Jimi Hendrix works. (Marshall Nelson)
  
  
• Harold Evans v. Embassy Music, Southern District of New York (1997). Represented Embassy Music Corporation as defendant in a copyright infringement action instituted by Harold Evans, who alleged that he was the creator of certain musical compositions originally performed by the Paragons, rather than John Holt, Embassy's licensor. (Marcia Paul)
  
  
• Charles Bethel v. Geffen Records, Southern District of New York (1999). Represented Geffen Records Inc. as defendant in a copyright infringement suit brought by Charles Bethel with respect to a musical composition allegedly composed by Bethel. (Marcia Paul)
  
  
• Major League Baseball v. The Gin Blossoms, Southern District of New York (1995). Represented The Gin Blossoms f/s/o Cash Cow Touring, Inc. as defendant in a purported SAG arbitration arising from their alleged failure to perform for a television commercial to be shown during the World Series by Major League Baseball and as petitioner in an action under the Federal Arbitration Act to stay that arbitration. (Marcia Paul)
  
  
• Byrne v. Granada Television, Southern District of New York (2002). Represented Granada Television Ltd. as defendant in an action for copyright infringement instituted by plaintiff Christopher Byrne in connection with Granada's use of certain music co-authored by Byrne in a documentary television program. (Marcia Paul, Lance Koonce)
  
  
• EMI Music v. Spalding, Inc., et al., Southern District of New York (1998-2000). Represented Hill Holliday, Connors Cosmopulos Inc. and Spalding, Inc. as defendants in an action for unfair competition instituted by plaintiff EMI Music Publishing in connection with a television commercial for Spalding golf clubs which used music that allegedly sounded like a musical composition for which EMI owned the copyright. (Marcia Paul)
  
  
• Estate of Billy Strayhorn v. Music Sales Corp., Southern District of New York, 73 F.Supp.2d 364 (1998-1999). Represented Music Sales Corporation as plaintiff in a declaratory judgment action against the heirs of Billy Strayhorn and the former executor of his Estate regarding the validity of certain purported termination of transfers of renewal copyrights in some of Strayhorn's musical compositions. (Marcia Paul, R. Andrew Boose)
  
  
• Mati Klarwein v. New Santana Band, Southern District of New York (1999). Represented New Santana Band in an action for copyright infringement instituted by Mati Klarwein alleging copyright ownership of design used on the cover of a Santana album. (Marcia Paul)
  
  
• Electronic Realty v. Paramount Pictures, et al., Kansas District Court, 935 F.Supp. 1172 (1995-1996). Represented Paramount Pictures and Famous Music in a trademark and copyright infringement suit involving use of the TOP GUN mark, motion picture footage, and music by Electronic Realty. (Marcia Paul)
  
  
• Richard E. Ford v. Louis Pearlman and 'N Sync, New Jersey District Court (1999-2000). Represented Louis Pearlman in an action for declaratory judgment, and in an action for trademark infringement, involving the rights of the band 'N Sync to use that name and mark. (Marcia Paul)
  
  
• Mikey Dread v. Polydor, Southern District of New York (1994). Represented Polydor U.K. in an action for copyright infringement instituted by Mikey Dread in connection with Polydor's release of an album including certain Dread compositions. (Marcia Paul)
  
  
• Polygram v. Grove Television, Southern District of New York (1993-94). Represented PolyGram Diversified Entertainment in an action against Grove Television in connection with the syndication and exploitation of a video entitled "Sisters In The Name of Rap." (Marcia Paul)
  
  
• Estate of Frank Zappa v. Polygram, Southern District of New York (1996). Represented PolyGram Diversified Entertainment in a declaratory judgment action with regard to the rights to sell and distribute the video of a musical tribute to Frank Zappa, brought against the Estate of Frank Zappa. (Marcia Paul)
  
  
• Polygram Merchandising v. Vince Neil, Southern District of New York, Central District of California, 1996 U.S. Dist. LEXIS 8973 (1995-1996). Represented PolyGram Merchandising, Inc. in an action regarding the licensing of trademark and merchandising rights of rock star Vince Neil. (Marcia Paul)
  
  
• Polygram Merchandising v. Chuck D and Public Enemy, New York Supreme Court (1997-98). Represented PolyGram Merchandising, Inc. in an action regarding the license of trademark and merchandising rights of the rap group Public Enemy. (Marcia Paul)
  
  
• Polygram Merchandising v. Richard Marx et al, New York Supreme Court (1999). Represented PolyGram Merchandising, Inc. in an action regarding the license of trademark and merchandising rights of rock star Richard Marx. (Marcia Paul)
  
  
• Riva Music v. Polygram Records, Southern District of New York (1993). Represented PolyGram Records, Inc. in connection with an interpleader action brought by Riva Music, Inc. with regard to royalties due and owing in connection with the records of John Cougar Mellancamp. (Marcia Paul)
  
  
• Sage Realty v. Polygram Records, Inc., New York Supreme Court (1992). Represented PolyGram Records, Inc. in defense of a suit alleging violation of § 51 of the New York Civil Rights law brought by Sage Realty with respect to the filming of KISS video. (Marcia Paul)
  
  
• Blanchris Music v. Polygram Records, Southern District of New York (1995). Represented PolyGram Records, Inc. in a suit for copyright infringement brought by Blanchris Music d/b/a Muse Records in connection with the publication of an album containing a song written by Charles Brown and allegedly assigned to Muse. (Marcia Paul)
  
  
• MT Industries v. Polygram Records, Southern District of New York (1997). Represented PolyGram Records, Inc. in a suit for copyright infringement and unfair competition brought by MT Industries and various individual plaintiffs who were at one time members of The Marshall Tucker Band in connection with publication of several albums including compositions allegedly authored by plaintiffs. (Marcia Paul)
  
  
• Rodgers and Hammerstein Film Library v. MCA Records, Southern District of New York (1988). Represented Rodgers and Hammerstein Film Library in a copyright infringement action against MCA Records in connection with the musical "Carousel." (Marcia Paul, R. Andrew Boose)
  
  
• Gurdjieff v. Schott Publications, New York Supreme Court (1989). Represented Schott Publications in an action alleging copyright infringement by reason of the impending publication of certain sheet music allegedly authored by G.I. Gurdjieff. (Marcia Paul)
  
  
• Estate of Robert Merrill v. Twentieth Century Fox, Central District of California (2000-01). Represented Twentieth Century Fox Home Entertainment, Inc. in an action instituted by the heirs of the composer Robert Merrill, the composer of the song "How Much Is That Doggy In The Window" alleging that the use by Aardman Animation, Inc. of eleven seconds of that song in a children's video entitled "The Wrong Trousers," distributed by Twentieth Century Fox, constitutes copyright infringement. (Marcia Paul)