Touro Law Review Volume 28 Number 2 Article 5 July 2012 Imitation is the Sincerest Form of Flattery, But is it Infringement? The Law of Tribute Bands Michael S. Newman Follow this and additional works at: https://digitalcommons.tourolaw.edu/lawreview Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Newman, Michael S. (2012) "Imitation is the Sincerest Form of Flattery, But is it Infringement? The Law of Tribute Bands," Touro Law Review: Vol. 28 : No. 2 , Article 5. Available at: https://digitalcommons.tourolaw.edu/lawreview/vol28/iss2/5 This Comment is brought to you for free and open access by Digital Commons @ Touro Law Center. It has been accepted for inclusion in Touro Law Review by an authorized editor of Digital Commons @ Touro Law Center. For more information, please contact
[email protected]. Imitation is the Sincerest Form of Flattery, But is it Infringement? The Law of Tribute Bands Cover Page Footnote 28 Touro L. Rev. 391 (2012). This comment is available in Touro Law Review: https://digitalcommons.tourolaw.edu/lawreview/vol28/iss2/5 Newman: The Law of Tribute Bands IMITATION IS THE SINCEREST FORM OF FLATTERY, BUT IS IT INFRINGEMENT? THE LAW OF TRIBUTE BANDS Michael S. Newman INTRODUCTION The house music fades out and the lights dim; four men in black collarless Edwardian suits, thin ties, and mop top haircuts1 en- ter the stage and strum the first note of “A Hard Day‟s Night.”2 They look like The Beatles. They sound like The Beatles. However, they are not the four lads from Liverpool who became widely known across the country on a first name basis as John, Paul, George, and Ringo.3 It is 2012, there are no screaming teenaged fans, the Ed Sul- J.D.