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

cook trump

Trump Responds to Apple Keeping Diversity Policies

Wednesday February 26, 2025 6:32 am PST by
In an all-caps post on Truth Social today, U.S. President Donald Trump said Apple should fully end its diversity, equity, and inclusion (DEI) policies. Tim Cook meeting with President Trump in 2017 "APPLE SHOULD GET RID OF DEI RULES, NOT JUST MAKE ADJUSTMENTS TO THEM," he wrote. Trump's post comes one day after Apple held its annual shareholders meeting, during which a majority of...
iOS 18

Apple Says iOS 18.4 Will Be Released in April With These New Features

Wednesday February 26, 2025 7:15 am PST by
In a recent press release, Apple confirmed that iOS 18.4 will be released in April. From the Apple News+ Food announcement:Coming with iOS 18.4 and iPadOS 18.4 in April, Apple News+ subscribers will have access to Apple News+ Food, a new section that will feature tens of thousands of recipes — as well as stories about restaurants, healthy eating, kitchen essentials, and more — from the...
apple watch ultra snow

6 Features Coming to the Apple Watch Ultra 3

Tuesday February 25, 2025 9:00 am PST by
The Apple Watch Ultra 3 is expected to launch later this year, arriving two years after the previous model with a series of improvements. While no noticeable design changes are expected for the third generation since the company tends to stick with the same Apple Watch design through three generations before changing it, there are a series of internal upgrades on the way. By the time the ...
iPhone Fold Vertical Feature

Apple's 2026 Foldable iPhone Has No Visible Display Crease – Report

Tuesday February 25, 2025 2:58 am PST by
Apple is making significant headway on its long-rumored foldable iPhone, with a new report suggesting the company has achieved a major breakthrough by effectively eliminating the screen crease that plagues current foldable devices. According to Korean publication ETNews, Apple is finalizing its component suppliers for the foldable iPhone, with the selection process expected to be completed...
trump iphone dictation issue

Apple Fixing 'Trump' Dictation Processing Bug

Tuesday February 25, 2025 1:18 pm PST by
Multiple iPhone owners today noticed a pronunciation processing issue that causes the word "Trump" to momentarily show up when using dictation to send a message with the word "racist." In some cases, when speaking the word racist through the iPhone's built-in dictation feature, the iPhone briefly interprets the spoken word as "Trump" and "Trump" text shows up in the Messages app before being ...
airpods pro purple

Here's When AirPods Pro 3 Are Rumored to Launch

Monday February 24, 2025 9:14 am PST by
According to a post on X today from a leaker known as Kosutami, Apple plans to launch AirPods Pro 3 in May or June this year. The leaker also claimed that an AirTag 2 will launch around the same time. Kosutami is best known as a collector of prototype Apple hardware, but they have occasionally shared accurate information about Apple's future product plans. For example, they accurately...
airtag orange

AirTag 2 Rumored to Launch in May or June With These New Features

Monday February 24, 2025 6:11 am PST by
Apple plans to launch a second-generation AirTag in May or June this year, according to a post today from a leaker known as Kosutami. Bloomberg's Mark Gurman previously reported that a new AirTag would be released in mid-2025. May or June would align with that timeframe. Below, we recap three new features rumored for the AirTag 2: With a second-generation Ultra Wideband chip, the...
ios 18 4 carplay

iOS 18.4 Includes a Small But Useful Change for CarPlay

Sunday February 23, 2025 2:23 pm PST by
The first beta of iOS 18.4 is now available, and it includes a small but useful change for CarPlay. As we noted in our list of iOS 18.4 features, CarPlay now shows a third row of icons, up from two rows previously. However, this change is only visible in vehicles with a larger center display. For example, a MacRumors Forums member noticed the change in a Toyota Tundra, which can be equipped...

Top Rated Comments

robjulo Avatar
75 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
75 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
75 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
75 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
75 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
75 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)