Guide Through the Legal Jungle

Your Right to Re-Record a Popular Song

A Guide Through the Legal Jungle Trivia Question

If you hear a song on the radio that you like, do you need to obtain the permission of the song's copyright owner before you can record your own version of that song?

1. Yes
2. No

The correct answer is No.

You do not need permission if the recorded song you heard on the radio was commercially released with the permission of the copyright owner. If that's the case, the song qualifies for compulsory mechanical licensing. The compulsory mechanical license, a creation of copyright law, allows you to make and sell your own recording of any previously commercially-released song. Your only obligation to the copyright owner of the song is payment of the compulsory mechanical license fees set by copyright law.

For more information on the compulsory mechanical license, see Part Two of the blog series, How Your Songwriting Generates Income.

Who Pays the Piper for the Public Performance of Songs

A Guide Through the Legal Jungle Trivia Question

Night at Al’s is a local bar that just started hiring cover bands to perform on Saturday nights as a means of attracting more weekend patrons. The first Saturday night performance was provided by Gilligan and the Yacht Rockers, a local soft rock cover band that performed a sleep-inducing rendition of Christopher Cross’s “Sailing,” and other Top-40 favorites. During the show, Al and his bartender debated who was responsible for payment of any licensing fees for performance of the songs. While Al insisted that Gilligan – as the actual performer – was responsible for payment of any licensing fees, the bartender argued that Al – as the venue owner – was responsible. Which party, if any, is responsible?

1. Al
2. Gilligan and the Yacht Rockers
3. Neither. The single public performance of copyrighted songs qualifies as a fair use.

Defaming the Houseguest

A Guide Through the Legal Jungle Trivia Question

In 1995, the National Examiner newspaper ran a headline relating to the O.J. Simpson murder trial entitled “COPS THINK KATO DID IT!”. The headline may have suggested that the police suspected Brian “Kato” Kaelin, Simpson’s infamous houseguest, of murdering Nicole Brown Simpson and Ronald Goldman. However, the actual story which appeared in the paper seventeen pages later discussed Kaelin’s alleged perjury. Kaelin sued the paper for defamation.  In whose favor did the court ultimately rule?

1. Kaelin, because the headline was based on mere conjecture and hearsay, and not on any factual allegation.


2. Kaelin,because the headline could falsely convey to readers that Kaelin had been accused of the murders.


3. The newspaper, because all news reporting is protected by the First Amendment.


4. The newspaper, because Kaelin was in fact accused of perjury by investigators and truth is an absolute defense to defamation.

Acceptable Newsgathering Techniques: Suzy Snooper Gets the Scoop

A Guide Through the Legal Jungle Trivia Question

Suzy Snooper is a reporter for Channel 41 News in Los Angeles. She has heard rumors that a famous English soccer star recently moved to California with his pop star wife. Suzy wants Channel 41 to be the first news station to capture footage of the couple in America. Which of the following strategies for getting “the scoop” is most likely to cause Suzy (and her bosses) legal troubles?

A. Hiding in a tree across the street from the couple’s home and snapping some photos with a zoom lens

B. Waiting outside the nightclub frequented by the couple in an attempt to interview the soccer player as he exits

C. Using a tiny but supersensitive microphone to record a hushed conversation between the couple as they wait in line at the supermarket

D. Calling the soccer player at home and asking personal questions under the pretense of a public opinion poll

Executive Action

A Guide Through the Legal Jungle Trivia Question

Which acquaintance of former President Bill Clinton sued unsuccessfully for defamation after news of her alleged relationship with the then-governor surfaced in tabloid newspapers?

A. Monica Lewinsky
B.Gennifer Flowers
C. Paula Jones
D. Kathleen Willey
E. Zsa Zsa Gabor

Master of Ceremonies

A Guide Through the Legal Jungle Trivia Question

Which famous professional athlete sued unsuccessfully for the reproduction of his/her image in a collage featuring past winners of a prestigious sporting event?

1. Michael Jordan
2. Barry Bonds
3. Tiger Woods
4. Mary Lou Retton
5. Joe Montana

Still a Secret?

A Guide Through the Legal Jungle Trivia Question

The “secret ingredient” in Coca-Cola is a popular American mystery and has been carefully and successfully kept under-wraps. Why has Coca-Cola chosen to keep this ingredient as a trade secret instead of applying for a patent?

1. Applying for a patent is too expensive.
2. A patent would allow exclusive use of the ingredients for only a limited period of time.
3. Keeping it a secret increases Coca-Cola’s popularity.
4. The ingredient is a controlled substance, and Coca-Cola would rather not release that information.

Trademarks & Potatoes

A Guide Through the Legal Jungle Trivia Question

Mary has a business in which she sells potatoes that are grown in Idaho. Mary is trying to decide on a name for her business that will give her strong trademark. She has chosen two potential names: Mary’s Idaho Potatoes and Maidpotes.   In which name is Mary likely to have the stronger trademark and why?

1. Mary’s Idaho Potatoes, because the name says exactly what the product is and who is selling it.
2. Mary’s Idaho Potatoes, because the name is simple and easy for consumers to remember.
3. Maidpotes, because the name is distinctive and no other Idaho potato seller is likely to have the same name.
4. Maidpotes, because the name is one word instead of three.

Journey Into the Public Domain

A Guide Through the Legal Jungle Trivia Question

Generally, a songwriter may use a sample of a song without infringing the sampled song when the song is no longer protected by copyright law and is in the public domain. Which of the following is a way in which a song might enter the public domain?

1. Expiration of the copyright protecting the song
2. Excessive radio play of the song
3. Imprisonment of the songwriter
4. Death of the songwriter

YouTube Claims Innocence

A Guide Through the Legal Jungle Trivia Question

YouTube, owned by Google, is a popular video-sharing website where users can upload, view, and share video clips. YouTube users who often post clips from TV shows, movies and sporting events have few reservations about violating copyright. Companies such as Viacom are bringing copyright infringement actions against YouTube. Which law is YouTube using as its primary defense?

1. Digital Millennium Copyright Act
2. Audio Home Recording Act
3. Computer Fraud & Abuse Act
4. Electronic Communications Privacy Act