Legal Question in Intellectual Property in California

copyright infringment, Gingrich sued over use of "Rocky III" theme song

My question is if the artist can do this if the person in question is not making financial gain from using the song at a political event. If this is the case then why is it possible for a Dj at a club to play songs and not have to receive permission?


Asked on 1/31/12, 6:55 pm

1 Answer from Attorneys
John Mitchell Interaction Law

The exclusive right to perform the copyrighted work publicly exists without regard to whether a fee is charged. And there is no exception for a DJ at a club. If the DJ need not pay, it may be the case that the club itself has obtained (and is paying for) so-called "blanket" licenses from ASCAP, SESAC and BMI, allowing all works handled by those organizations to be performed.

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Answered on 1/31/12, 7:05 pm


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