Updates on Transborder Copyright Enforcement Over “Grandma Got Run Over by a Reindeer”–Shropshire v. Canning

10 01 2012

By Eric Goldman

Shropshire v. Canning, 2012 WL 13658 (N.D.Cal. Jan. 4, 2012). Prior blog post.

This dispute involves complicated facts, so here’s my understanding of what’s happening:

The lawsuit involves the musical composition “Grandma Got Run Over by a Reindeer.”. . . The song is co-owned by a group that includes Shropshire and his ex-wife Patsy. A Canadian group, the Irish Rovers, covered the song. I can’t tell if that cover was properly licensed. Canning, a Canadian, uploaded the Irish Rover’s cover to YouTube and synchronized it with Christmas-themed pictures, such as reindeers. I infer that Canning uploaded the cover without express consent from the Irish Rovers. Shropshire eventually sent a takedown notice to YouTube, and Canning submitted a counter-notice. Shropshire then sued Canning for copyright infringement and a 512(f) claim for an impermissible putback notice. Canning subsequently got authorization from co-owner/ex-wife Patsy for his video.

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