iyfcalvin

sdw2001 said:

As a musician and educator, I had to re-read this article twice to figure out exactly that the complaint was about.  The short version seems to be that certain labels misrepresented their submissions to Apple et al, claiming they had rights they didn't have.   It seems to me that this is going to be exceptionally complicated.  I'd think you'd have to show that Apple and other service providers were legally required to verify ownership rights, and failed to do so to whatever legal standard applies (negligence? Intent?).  The copyright claim itself also has to be examined in each instance.  Does the estate actually retain ownership over the material the claim?  Did they surrender or sell any rights to these recordings via some previous agreement?  

Just from a layperson's perspective, I think holding Apple and other services liable is going to be tough.  I have no idea what the legal standard for verification of rights would be, but I'd have to assume the labels had to attest to ownership when they submitted.  Is Apple expected to independently verify rights on every recording submitted? I can't imagine that would be viewed as reasonable under the law.  I can see the labels being held liable, but the services?  I doubt it.