Apple Sued by Estate of 'Over the Rainbow' Composer for Alleged Piracy

Apple and other tech firms are being sued for piracy by the estate of composer Harold Arlen for offering unauthorized copies of his songs, reports the BBC. Arlen's son, Sam Arlen, says he has found more than 6,000 unauthorized copies of his father's songs on Apple, Google, Amazon and Microsoft's services.

harold arlen
According to legal papers filed in Los Angeles and shared by AppleInsider, 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.

"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."

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.

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.

Related Forum: Mac Apps

Popular Stories

iOS 26

15 New Things Your iPhone Can Do in iOS 26.2

Friday December 5, 2025 9:40 am PST by
Apple is about to release iOS 26.2, the second major point update for iPhones since iOS 26 was rolled out in September, and there are at least 15 notable changes and improvements worth checking out. We've rounded them up below. Apple is expected to roll out iOS 26.2 to compatible devices sometime between December 8 and December 16. When the update drops, you can check Apple's servers for the ...
Intel Inside iPhone Feature

Apple's Return to Intel Rumored to Extend to iPhone

Friday December 5, 2025 10:08 am PST by
Intel is expected to begin supplying some Mac and iPad chips in a few years, and the latest rumor claims the partnership might extend to the iPhone. In a research note with investment firm GF Securities this week, obtained by MacRumors, analyst Jeff Pu said he and his colleagues "now expect" Intel to reach a supply deal with Apple for at least some non-pro iPhone chips starting in 2028....
iPhone 14 Pro Dynamic Island

iPhone 18 Pro Leak Adds New Evidence for Under-Display Face ID

Monday December 8, 2025 4:54 am PST by
Apple is actively testing under-screen Face ID for next year's iPhone 18 Pro models using a special "spliced micro-transparent glass" window built into the display, claims a Chinese leaker. According to "Smart Pikachu," a Weibo account that has previously shared accurate supply-chain details on Chinese Android hardware, Apple is testing the special glass as a way to let the TrueDepth...
iOS 26

Apple Seeds Second iOS 26.2 Release Candidate to Developers and Public Beta Testers

Monday December 8, 2025 10:18 am PST by
Apple today seeded the second release candidate version of iOS 26.2 to developers and public beta testers, with the software coming one week after Apple seeded the first RC. The release candidate represents the final version iOS 26.2 that will be provided to the public if no further bugs are found. Registered developers and public beta testers can download the betas from the Settings app on...
iPhone 17 Pro Cosmic Orange

10 Reasons to Wait for Next Year's iPhone 18 Pro

Monday December 1, 2025 2:40 am PST by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models at the same time, which is why we often get rumored features months ahead of launch. The iPhone 18 series is no different, and we already have a good idea of what to expect for the iPhone 18 Pro and iPhone 18 Pro Max. One thing worth...
Johny Srouji

Apple Chip Chief Johny Srouji Could Be Next to Go as Exodus Continues

Sunday December 7, 2025 10:41 am PST by
Apple's senior vice president of hardware technologies Johny Srouji could be the next leading executive to leave the company amid an alarming exodus of leading employees, Bloomberg's Mark Gurman reports. Srouji apparently recently told CEO Tim Cook that he is "seriously considering leaving" in the near future. He intends to join another company if he departs. Srouji leads Apple's chip design ...
Johny Srouji

Apple's Chipmaking Chief Johny Srouji Responds to Report About Him Potentially Leaving

Monday December 8, 2025 9:23 am PST by
Apple's chipmaking chief Johny Srouji has reportedly indicated that he plans to continue working for the company for the foreseeable future. "I love my team, and I love my job at Apple, and I don't plan on leaving anytime soon," said Srouji, in a memo obtained by Bloomberg's Mark Gurman. Here is Srouji's full memo, as shared by Bloomberg:I know you've been reading all kind of rumors and...
top stories 2025 12 04a

Top Stories: iOS 26.2 Coming Soon, Apple Execs Depart, and More

Saturday December 6, 2025 6:00 am PST by
You'd expect things to be starting to wind down for the holidays by now, but that doesn't seem to be the case yet in the world of Apple news, with Apple just about ready to release iOS 26.2 and other operating system updates to the public. There was also a flurry of news this week about Apple executive departures, some expected and some not so expected, while we also learned that Apple and...
maxresdefault

iPhone Fold: Launch, Pricing, and What to Expect From Apple's Foldable

Monday December 1, 2025 3:00 am PST by
Apple is expected to launch a new foldable iPhone next year, based on multiple rumors and credible sources. The long-awaited device has been rumored for years now, but signs increasingly suggest that 2026 could indeed be the year that Apple releases its first foldable device. Subscribe to the MacRumors YouTube channel for more videos. Below, we've collated an updated set of key details that ...

Top Rated Comments

robjulo Avatar
86 months ago
When I saw the headline, I figured they were being sued for that hideous rainbow monstrosity they put up in the park.
Score: 16 Votes (Like | Disagree)
Lesser Evets Avatar
86 months ago
I hear a LOT of older music on iTunes, and much of it is issued through "no name" companies with cheesy cover graphics and the recordings are clearly hiss-pop vinyl rips. Many are plain awful.

It crossed my mind that quite a few record collectors might be issuing these illegally in order to make a few bucks and then hoof it. The real pity is that major record labels of the past aren't issuing ALL of their libraries on iTunes/Amazon/etc. Many forgotten masterpieces are buried in the vaults of Capitol, etc. Especially the jazz works of the 50s-70s.
Score: 14 Votes (Like | Disagree)
HappyMBAowner Avatar
86 months ago
This DMCA stuff is fairly new; it's not the only copyright enforcement tool. Maybe we could shorten copyright terms to 15yr or so and solve lots of these problems.
Sure... Do you write music? Most likely not. Otherwise, you would not write something like this. This comment shows your complete misunderstanding of private property, disrespect of composers' work, support of piracy and explains why music quality has decreased so much nowadays. Only people writing songs with three chords make it. It's because true composers keep their music for themselves.
Score: 14 Votes (Like | Disagree)
Krizoitz Avatar
86 months ago
Who writes these headlines.
1. Multiple major tech firms, including Apple, singling one out is misleading.
2. The composer of the song did not sue any of them, he’s dead. His ESTATE is suing. Rather different no?
Score: 12 Votes (Like | Disagree)
2010mini Avatar
86 months ago
Indefinitely? Why should a work of art stop belonging to the creator?
Because that creator was inspired by works of other creators who’s works are public domain. Nothing new is done every work of art, no matter the medium, is built upon past work.

Art of today will inspire artists of the future. Now if they are unable to use it, creativity basically dies.
Score: 12 Votes (Like | Disagree)
jmeadlock Avatar
86 months ago
Sure... Do you write music? Most likely not. Otherwise, you would not write something like this. This comment shows your complete misunderstanding of private property, disrespect of composers' work, support of piracy and explains why music quality has decreased so much nowadays. Only people writing songs with three chords make it. It's because true composers keep their music for themselves.
So how long of a monopoly do you think is fair for original works?
Score: 10 Votes (Like | Disagree)