According to legal papers filed in Los Angeles, streaming services and download stores like iTunes are flooded with "bootleg" copies of Arlen's songs, robbing his estate of royalties. Arlen's work includes several American songbook classics like Over The Rainbow and Get Happy.
The 148-page filing claims the firms are engaged in "massive piracy operations" and provides several examples of alleged piracy. For instance, the official recording of Ethel Ennis' version of Arlen's song "For Every Man, There Is A Woman" is available on the RCA Victor label for $1.29 on iTunes. However, a separate version on the Stardust Records label - with the same cover art but the RCA Victor Logo edited out - is available for $0.89.
Some of the alleged pirate copies are said to contain the signature "skips, pops and crackles" of vinyl, indicating they've been duplicated from a record, rather than the original master tapes.
Arlen's estate is also suing dozens of record labels, which it claims have "continued to work with" alleged pirates despite having knowledge of copyright infringement "for several years".
"It is hard to imagine that a person walking into Tower Records, off the street, with arms full of CDs and vinyl records and claiming to be the record label for Frank Sinatra, Louis Armstrong, and Ella Fitzgerald, could succeed in having that store sell their copies directly next to the same albums released by legendary record labels, Capitol, RCA, and Columbia, and at a lower price," stated Arlen's lawyers.According to the BBC, part of the dispute stem from the differences in copyright law between the US and Europe. In the US, copyright for sound recordings made after 1923 and before 1972 is generally 95 years. But in the UK and Europe, copyright expires after 70 years, after which sound recordings enter the public domain.
"Yet, this exact practice occurs every day in the digital music business where there is... a complete willingness by the digital music stores and services to seek popular and iconic recordings from any source, legitimate or not, provided they participate in sharing the proceeds."
Nevertheless, some of the recordings names in Arlen's court papers are still protected by copyright in Europe, and the actual compositions are not in the public domain (a writer's copyright continues for 70 years after their death).
The estate argues that songs like "It's Only A Paper Moon" and "Stormy Weather" are "monumental works of art" that are "national treasures," and is seeking around $4.5 million in damages. Apple and other companies named in the court papers have yet to comment.
This article, "Apple Sued by 'Over the Rainbow' Composer for Alleged Piracy" first appeared on MacRumors.com
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