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Society & Culture
Virtual Legality Episode 240

TLOU2: On Compulsory Song Licenses And Cover "Theft"

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1y Jun 4, 2020
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And now for something completely different! Well...mostly different.

Sony and Naughty Dog's "Last of Us Part II" project has been through a lot here in Virtual Legality, but now the tables have turned, as singer/songwriter Lotte Kestner accuses the multinational of "stealing" her cover of the 1987 song True Faith (originally recorded by the band New Order).

Does she have a case? The answers lie in that most complicated of copyright arenas: music licensing law.

An open mind is compulsory...in Virtual Legality.

#TheLastOfUs #Copyright #Compulsory


Discussed in this episode:

"Last of Us Leak Legalities"
YouTube Playlist - Hoeg Law
https://www.youtube.com/playlist?list=PL1zDCgJzZUy-ULKii2yP9AY-Emo1_G8xN

"...hey are you aware that the true faith cover you put in your last of us 2 trailer is a replica..."
Tweet - June 3, 2020 - Lotte Kestner (@lottekestner)
https://twitter.com/lottekestner/status/1268370206990012416

"Looking forward to the DMCA strikes on the commercial."
Tweet - June 4, 2020 - Richard Hoeg (@hoeglaw)
https://twitter.com/HoegLaw/status/1268547078134923269

"The Last of Us Part 2 Trailer Accused of Copying Artist Without Permission"
IGN - June 4, 2020 - Matt Purslow
https://www.ign.com/articles/last-of-us-part-2-new-order-true-faith-cover?sf123524574=1

"The Last of Us Part II – Official Extended Commercial | PS4"
YouTube Video - June 3, 2020 - PlayStation
https://youtu.be/TXl9GI1p_Os

"True Faith"
Lotte Kestner - Stolen - June 1, 2011
https://lottekestner.bandcamp.com/track/true-faith

"New Order - True Faith (1987) (Official Music Video)"
YouTube Video - October 18, 2013 - neworder
https://youtu.be/mfI1S0PKJR8

"Scope of exclusive rights in nondramatic musical works: Compulsory license for making and distributing phonorecords"
17 USC 115
https://www.law.cornell.edu/uscode/text/17/115

"Exclusive rights in copyrighted works"
17 USC 106
https://www.law.cornell.edu/uscode/text/17/106


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.


Blog: hoeglaw.wordpress.com

PODCAST VERSIONS ALSO AVAILABLE

Table of Contents

Timecode Title
0:00 Introduction
0:48 The Kestner Claim
2:08 IGN and Source Material
5:49 The Compulsory Music License
11:18 Limits on Compulsory Covers
15:00 Conclusion

About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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