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David Halberstadter Comments on Voice Infringement Suit

Firm News | January 25, 2016

Entertainment and Media partner David Halberstadter was quoted by Law360 regarding a case filed by singer Darlene Love against Google Inc. alleging that the company did not obtain permission to use her distinctive performance of a song in a smartphone commercial. David noted that federal copyright law does not preempt state law in this case because the album was made before the Copyright Act began providing federal protection to sound recordings. He also noted that California’s common law right of publicity protections are typically applied broadly. He stated, "The idea is that you’re not only using the song, but you’re also arguably using the recognition of the person who’s singing the song to create at least an implication of some kind of sponsorship or endorsement." ("Google Facing Legal Gray Area In Voice Infringement Suit," January 25, 2016)

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