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

Top Rated Comments

robjulo Avatar
59 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
59 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
59 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
59 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
59 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
59 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)

Popular Stories

iOS 17

iOS 17.2 Will Add These 12 New Features to Your iPhone

Friday December 1, 2023 12:19 pm PST by
iOS 17.2 has been in beta testing for over a month, and it should be released to all users in a few more weeks. The software update includes many new features and changes for iPhones, including the dozen that we have highlighted below. iOS 17.2 is expected to be released to the public in mid-December. To learn about even more features coming in the update, check out our full list. Journal ...
iOS 16 4 Web Push

Apple Confirms Governments Using Push Notifications to Surveil Users

Wednesday December 6, 2023 5:06 am PST by
Unidentified governments are surveilling smartphone users by tracking push notifications that move through Google's and Apple's servers, a US senator warned on Wednesday (via Reuters). In a letter to the Department of Justice, Senator Ron Wyden said foreign officials were demanding the data from the tech giants to track smartphones. The traffic flowing from apps that send push notifications...
airpods pro 2 pink

Apple Releases New AirPods Pro 2 Firmware

Tuesday December 5, 2023 11:28 am PST by
Apple today released new firmware update for both the Lightning and USB-C versions of the AirPods Pro 2. The new firmware is version 6B34, up from the 6B32 firmware introduced in November. Apple does not provide details on what features might be included in the refreshed firmware beyond "bug fixes and other improvements," so it is unclear what's new in the update, but prior software releases ...
magsafe blue 2

iOS 17.2 Brings Qi2 Support to iPhone 13 and iPhone 14 Models

Tuesday December 5, 2023 11:04 am PST by
The iOS 17.2 update that Apple is set to release to the public in the near future will bring support for the next-generation Qi2 wireless charging standard to the iPhone 13 and iPhone 14 models. Qi2 was mentioned in the release notes for the RC version of the update that came out today. With the addition of support for the new standard, iPhone 13 and iPhone 14 models will work with Qi2...
Beyond iPhone 13 Better Blue

'All-Screen' iPhone Under-Display Camera Enters Development

Wednesday December 6, 2023 2:03 am PST by
Apple's Korean suppliers have begun developing smartphone under-display cameras (UDC), paving the way for the first iPhone with a true "all-screen" appearance. According to The Elec, LG Innotek has entered the preliminary development of the UDC, which sits under the display and does not result in a visible hole in the panel when the camera is not in use. A UDC differs from a typical front ...
airpods pro bulbs

Black Friday Prices Return for AirPods Pro 2 With USB-C, iPad, and More

Tuesday December 5, 2023 7:30 am PST by
Today we're tracking a collection of deals that are matching - or nearly matching - the same all-time low discounts we saw during Black Friday. This includes the AirPods Pro 2 with USB-C, 9th generation iPad, and M1 MacBook Air. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and make a purchase, we may receive a small payment, which helps us keep the ...
instagram messenger

Instagram and Facebook Messenger Chats to Disconnect This Month

Tuesday December 5, 2023 1:57 am PST by
Meta has revealed plans to end Instagram users' ability to chat with Facebook accounts later this month, rolling back a feature that it introduced over three years ago. In September 2020, Meta (then Facebook) announced it was merging its Facebook Messenger service with Instagram direct messaging, allowing Instagram users to chat with Facebook users and vice versa using the same platform....
iPhone 15 USB C Port Event Still

Apple Pushes Back Against iPhone USB-C Regulations in India

Tuesday December 5, 2023 4:18 am PST by
Apple has asked the Indian government to exempt existing iPhones from new rules that require smartphones sold in the country to have a USB-C charging port, reports Reuters. India wants to replicate an upcoming European Union rule that requires all smartphones to implement the USB-C charging standard. However, according to a new report, Apple has told India its local production targets will...