The Conservatory of Recording Arts & Sciences (CRAS) recently hosted noted copyright/IP consultant and Berklee online course author/professor Dr. E. Michael Harrington at its Gilbert, AZ campus to provide an overview of copyright and intellectual property law as it pertains to the music industry for the next generation of pro audio and music professionals.
“[CRAS] students were very enthusiastic and engaged in my presentation, and I had one-on-one conversations with almost every student before, during, and after my presentation,” explains Harrington. “I always bring an audience into the presentation by means of questions I pose to them, often asking them as potential jurors in copyright litigation for their opinions. CRAS students work intimately and deeply in the nuances of music at its core…the recorded music copyright from stem-to-stem and from the beginning of a project through all its phases until its release.”
During his time at CRAS, Harrington delved into his work as a consultant and expert witness in cases involving Led Zeppelin, Katy Perry, Blurred Lines, We Shall Overcome, the U.S. Post Service “Creepy Clown” commercial, parody cases, Taylor Swift, Carrie Underwood, Ludacris, NWA, Busta Rhymes, and George Clinton. He also discussed his work in preemptive/proactive copyright issues involving music in film, TV, advertising and games, and new issues involving co-writing, sampling, interpolation and mashups as well as his proposals for a Compulsory License to Sample Sound Recordings, a potential revision to the U.S. Copyright Law.
“Students at CRAS are very happy to be at that school and for the best reasons. They love learning about and applying their knowledge to every phase of the recording process and interacting with the faculty and each other,” he adds. “They are extremely supportive of each other and helpful for any of their peers who could use friendly encouragement and/or kind words and/or help in the educational process at CRAS. From my viewpoint as a visitor, I notice and love the good feelings and vibes at CRAS. These are people you want to get to know, and hear their opinions and insight and build friendships with them. I hope to return to CRAS in the near future.”
According to Harrington, mistakes and oversights in copyright almost always result in federal offenses, i.e., the U.S. Copyright Act is a federal law and infringements can range from $750-$150,000 per offense. In addition, copyright litigation can often take many years to resolve even without appeals to the circuit courts.
Harrington was the expert witness responsible for freeing the iconic civil rights anthem, “We Shall Overcome” in 2018, and co-authored two successful amicus briefs for defendants Led Zeppelin and Katy Perry in the U. S. Court of Appeals for the Ninth Circuit in 2020 & 2022 and has served as consultant in hundreds of music copyright & IP matters involving numerous corporations and artists. He also created the Berklee College of Music/Coursera Copyright Law In The Music Business class/MOOC which has been taken by students from 172 countries from Afghanistan to Zimbabwe, the Berklee Graduate Music Business Law and Music Business Capstone classes.
“I still would have understood Dr. Harrington’s presentation if I had never taken audio business courses at CRAS already,” says Kyra Phillips, CRAS AES Student Section president. “It was such a joyful, laid-back, yet informative event. Everyone had a good laugh, and might’ve heard one of their favorite songs while also learning about the quick ins and outs of music copyright and IP from an expert. I would love for Dr. Harrington to visit and present again.”
CRAS student Anthony Frausto adds, “Dr. Harrington provided a fantastic and engaging session discussing some of the pitfalls and particulars of copyright law. His use of actual music really cemented the concepts that he discussed and his reference to actual cases provided a practical look into how it affects musicians and producers. His humor made a dry topic entertaining, and kept me focused through the whole event. Dr. Harrington is a fantastic educator that I hope I am able to see speak at another event in the future.”
