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Home Copyright Law

How Copyright Law Protects New Creator Class

Eric Banks by Eric Banks
September 13, 2025
in Copyright Law
0

Jimi Hendrix’s “All Along the Watchtower.” Whitney Houston’s “I Will Always Love You.” Aretha Franklin’s “Respect.” What do these songs have in common?

Aside from being taken into consideration by a number of the finest songs of all time, they’re also all covers originally recorded using other artists. Today, we often equate cover songs with up-and-coming YouTube artists or local bands. However, musical re-interpretation has been part of song records seeing as the beginning of time. As the Barenaked Ladies said in 1998, “It’s All Been Done Before.”

Shawn Mendes, Pentatonix, and Ed Sheeran all began with YouTube cover songs earlier than going on to get their huge breaks. Unfortunately, simply because the internet has empowered artists and propelled music ahead, the recording enterprise has also manipulated the era and the legal guidelines governing i,t if you want to fill their wallet and save others from achieving success.

YouTube, Twitter, Spotify, TikTok, Facebook, Bandcamp, Instagram, SoundCloud, and any other online platform that artists use to post and proportion their performances in compliance with the Digital Millennium Copyright Act (DMCA). This vital piece of the law changed into enacted with a watch to the future to provide a flexible felony framework that protects rights holders (inclusive of songwriters and musicians) even as still supporting the internet’s innovations. Social media and different structures that allow artists to share their tracks with tens of millions worldwide exist completely because of the balanced copyright framework supplied with the aid of the DMCA.

The DMCA additionally provided for what is known as the awareness and takedown machine. If an artist finds an instance in which her video or track is getting used without permission, the rightsholder offers the platform with “notice” that a person’s publication is copyright infringement. Next, the platform will mechanically “takedown” the publish in question. The unique poster is then offered to assign the takedown if it is blanketed by honest use or different exceptions.

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Eric Banks

Eric Banks

I work as a lawyer in the area of intellectual property law, and also as a blogger. On the legal side, I focus on copyright and trademark law. On the blogging side, I write about various legal topics, including intellectual property law, e-commerce, and Internet privacy. My work has appeared in law journals, business publications, and the blogs of several law firms. I also give a biweekly seminar called “How to Avoid Being A Copyright Moron.”

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Texas Court Rejects Photographer’s Claim that Copyright Infringement is Property “Taking”

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