Inspiration Move Me Slightly: A Case Study of the Grateful Dead’s Unique Enforcement of its IP Rights

“Copying is the sincerest form of flattery that mediocrity can pay to greatness.” - Oscar Wilde 

         Memetics, pastiche, and facsimile are terms of art; infringement is a term of law; remember that and you’ll save yourself a lot of trouble. Just ask Hunter Thompson, whose very own famous quotation I’ve just riffed on.[1] The theoretical justifications for the foundations of intellectual property law are reliant upon a western, post-renaissance ethos of capitalism, Lockean labor theory[2], and the possibility of the ownership of intangibles[3]. However, there must be room within the architecture of IP law to accommodate the specific needs of unique creators and their respective bases of fans and consumers.

         Mimicry is foundational to human survival; it’s how babies learn language and begin to conduct themselves in the image of their caretakers. However, socially, it is profoundly taboo. Children whine over the woes of their friends being a “copycat,” and as we age the notion of copying evolves into gravely serious offenses like plagiarism, academic dishonesty, or even instances of copyright or trademark infringement. However, can copying ever be good? What is its value?

Beyond the classic arguments based in the betterment of the public good through access to resources[4], or Robinhood-style trademark violations meant to artistically illuminate corporate greed[5], there are other reasons to allow for copying: for the enhancement and preservation of micro-cultures that rely upon homage that resembles unlawful use. In plain language, for a band like the Grateful Dead, bootleg tapes, fan-made merchandise, and tribute acts contribute to a richer cultural admiration of the original act and ought to be afforded a special consideration under IP law. 

What A Long, Strange Trip It's Been

The Grateful Dead, a foundational psychedelic rock band, boasts one of the most unique and storied careers in American popular culture and counterculture. I can think of no better case study than their history to make an argument for the preservation of lenient interpretation of relevant trademark and copyright statutes. During their thirty years of touring, the band compiled an original songbook of mythic proportion and a uniquely beautiful “creative ecosystem.”[6]

In 1964, Northern California native Jerry Garcia assembled a band with his coworkers in a Menlo Park music store. They were first known as Mother McCree’s Uptown Jug Champions but eventually rebranded themselves as the Warlocks in 1965.[7] The band was led by Ron “Pigpen” McKernan and included Garcia, Bob Weir, Bill Kreutzmann, and Phil Lesh.[8] Upon discovering another Warlocks, the band renamed themselves the Grateful Dead.[9] They debuted under this new name at the first public Acid Test thrown by author Ken Kesey and the Merry Pranksters in 1965, ensuring their place in the psychedelic Bay Area arts scene. The band went on to sign with Warner Brothers[10],  and released their debut album which consisted mostly of cover songs, and only one extended “jam”. It was over the next few years that the band truly came into its own. In 1967, Garcia’s friend Robert Hunter was brought in as a lyricist and Mickey Hart was brought in as a drummer.[11] The band was building out their live shows into full blown jams and studio albums were also growing.

Throughout 1970, during live shows, members of another contemporary band, New Riders of the Purple Sage would often wander on and off to add instruments and voices, with no legal considerations or proper documentation.[12] Then, early into 1971, Mickey Hart took an indefinite leave of absence, whilst Pigpen was put on a temporary leave from the band due to alcoholism that would eventually take his life in 1973.[13] Keith Godchaux took over on the keys, and his wife Donna Jean Godchaux joined the band as well.[14] In 1972, Pigpen was back in, and played alongside Keith for his last tour alive.[15] The band recorded their next two albums on their own label, Grateful Dead Records. [16] In a final string of shows of the 1974 tour season, the precursor to a brief hiatus, the band brought back alumnus Mickey Hart.[17]

Then, in 1976, the band began touring again, “creating the 9th different touring lineup of the band’s 11-year career.”[18] The following year, they band ended its independent record company.[19] All the while, the band and their fans, Deadheads, nurtured a distinct culture. The deadhead fandom folded in people from many walks of life with a common interest in the band’s enchanting music, kind, playful ethos, and magical extra-sensory perception at jamming. “Heads” were known to camp out in parking lots and follow the band on entire tours.

In 1978 the band recorded Shakedown Street, and shortly after Keith and Donna Jean Godchaux departed[20]. Keith was replaced on the keys by Brent Mydland.[21] This particular group of people, Mydland, Garcia, Weir, Lesh, and Hart would become the band’s longest-running lineup[22].

As the flower power movement halted to a screeching stop in the conservative 80s, “the parking lot scene surrounding Dead shows became an active meeting point for numerous countercultural networks.[23]”During the 80s, “the band’s fans turned the band’s music into a beloved mythology, a vibrant and vibrating expanded universe manifesting in an unceasingly colorful explosion of t-shirts, bumper stickers, cover bands, and a creative energy that fed creators of all kinds. Resolving a sometimes-tense relationship between concert tapers and the band’s crew, the band officially sanctioned a taping section in 1984, legitimizing a practice that had begun in the 1960s”.[24]

In 1995, Jerry Garcia died, and the Grateful Dead dissolved officially four months later.[25] However, this was far from the end of the band's evolution. As per the band’s own lyrics, “Once in a while you get shown the light in the strangest of places if you look at it right.”[26]

With 30 years’ worth of recorded live music, and the help of Dead “tape freak” Dick Latvala[27],the band continued putting out the Dick’s Picks series of tapes from the archive, alongside other compilation albums. As the years went on, Dick’s picks would come to be accompanied by other series like Dave’s picks[28], and as the dead would say,“the music never stopped”… The death of Jerry acted as a wellspring for the genesis of an entire new armada of music from the band's many members who would go on to form various new compositions from the mixed bag of historical participants. They folded in new members, and even fans and cover artists to create a legacy that extends into the present with ongoing and upcoming tour dates.

If You Get Confused, Just Listen to The Music Play

In 1994, at the Berkeley Community theater, members of the Grateful Dead including Phil Lesh, Jerry Garcia, Bob Weir and Vince Welnick performed under the name Phil Lesh and Friends.[29] After this gig the band name was put to rest until, in 1998, after Jerry’s death,  Phil “formed a ‘new’ band” under that same name.[30] Similarly, in 1995, Bob Weird put together a side project band, RatDog[31]. RatDog performed some Grateful Dead songs alongside covers of other artists and some sprinkled in originals.[32]

 Also in 1998,  Bob Weir, Phil Lesh, Mickey Hart, and Bruce Hornsby formed a band called The Other Ones.[33] At different times the shifting lineup of The Other Ones also included Bill Kreutzman, Mark Karan, Steve Kimock, John Molo, Dave Ellis, Alphonso Johnson, Jimmy Herring, Rob Barraco, Jeff Chimenti, and Susan Tedeschi.[34] In 2003, The Other Ones changed their name to The Dead[35], which lasted until 2009 when Bob Weir and Phil Lesh formed their new band Furthur[36], named after Ken Kesey and the Prankster’s acid drenched school bus.

Furthur performed from 2009 to 2014, composed of a revolving door of members including  John Kadlecik of the Dark Star Orchestra, Jeff Chimenti, Jay Lane, Joe Russo, Sunshine Becker, and Jeff Pehrson.[37] It was also around this time that John Mayer began listening to the music of the grated dead obsessively.[38] From there, in  2017, Dead & Company formed with Bob Weir, Mickey Hart, Bill Kreutzmann, Oteil Burbridge, Jeff Chimenti, and the Grateful Dead fan and pop-music sensation, John Mayer.[39] Like Phil Lesh and Friends, Dead & Company still performs today, alongside the Wolf Bros, a second side project band formed by Bob Weir in 2018.[40]

These bands are all distinct. They’ve toured separately, had different members, and hold distinct names, and yet they share an unbelievable amount in common. They’ve traded members, overlapped in timelines, and share a catalog of songs.[41]  Tie-dye shirts, “lot culture”, and  imagery of terrapins, bears jamming out, skulls, roses, and “lazy” lightning further serve as the golden thread of sameness throughout these distinct entities.[42] There is a rich ecosystem of overlap, one that seems to snowball upon itself, symbiotically, as opposed to boiling over into a litigious firestorm.

Of course, the Grateful Dead has had a long history with the law. This has led the band, its individual members, and all of the bands that have sprung forth from its ashes, to develop an impressive team of legal representation.[43] This team of legal professionals has been able to untangle the web of overlaps when it comes to licensing between second generation bands, has tackled IP management, and has aided in figuring out step-outs, contracts, radius clauses, and even criminal charges.[44] However, what sets them apart is their tolerance, and perhaps even encouragement and active endorsement of tribute acts and bootleg, fan-made merchandise.[45]

Sometimes We Live in No Particular Way but Our Own

The “lot culture” of the Grateful dead is no laughing matter. Named after the congregation of fans in the parking lots outside of venues before and after shows, it has turned crossed over into a serious, lucrative business.[46] Prior to the shows, the lot turns into a modern-day bazaar, referred to as “Shakedown Street”[47] where vendors sell an assortment of goods from the backs of their cars or pitched tents. Famously (and illicitly) you can purchase “doses, molly, or ketamine,”[48] referring to LSD, MDMA, or Ketamine, “mushies” (psilocybin mushrooms), or balloons filled with nitrous oxide, sometimes referred to as whippets[49]. Other vendors sell food, famously grilled cheeses, or cheese burritos[50] (vegetarian for the hippie fanbase), alongside crystals, amulets, and other trinkets. The most iconic, and sought after wears on the lot, however, are bootlegs, sometimes in the form of fan created tee shirts and merchandise or as bootleg tape recordings.[51]

Shirts often feature a vetted, classic cast of characters like the “stealie” logo, lazy lightning, dancing bears, terrapins, Bertha, skeletons, the wheel, intergalactic imagery, or a ship of fools.[52] While these images are often officially licensed, from brands as disparate as Nike, Crocs, the Parks Project, and James Perse[53], they’re also often lifted and used unofficially by streetwear brands making their way up in the world, alongside fans, and tribute bands like the Grateful Shred, Cubensis, Owsley’s Owls, and Richard Pictures.[54]

Rather than fighting tooth and nail for control of the intellectual property, the band has seemed to embrace its unique fanbase and audience culture. In an interview, front man Jerry Garcia once said, “our strong suit is what we do, and our audience.”[55] The band famously plays a different setlist at every show, a phenomenon that incentivizes following the band from show to show and creates a market for show taping.[56] Instances of taping were well known, and even endorsed by the band, and in the 1980s they began setting up “taper’s section” for those attending the shows with intentions of recording the show.[57]

   One Man Gathers What Another Man Spills

Sociologist Lee Marshall has studied the rocky relationship between bootleg tape-makers and the record industry.[58] For an elementary understanding, we can think of two distinct kinds of underground music collectors. There are “tape traders,” who record live concerts or obtain studio outtakes in hopes to exchange them with other collectors, and “bootleggers” who distribute the same types of recordings, but on a larger scale for a profit.[59] However, these two kinds of tape freaks are still different from counterfeiters, those “who copy commercial albums.”[60] According to Marshall, “[T]he music released by bootleg collectors and tape traders has never previously been released on a legitimate label.”[61] As he puts it, “someone with a casual knowledge of a band might buy a pirated copy of their biggest album. The audience for underground recordings, on the other hand, is mostly die-hard fans who already own everything they’ve officially released.”[62]

As per Marshall’s studies, unofficial recordings appeal to fans “because rock music is driven by live performance and because fans want to experience a meaningful relationship with the artists they love.”[63] Tapes are also revered for their “honesty,” revealing onstage muttering, slip-ups, and fan commentary caught by recording devices. Essentially, much of their value lies “in mistakes or offbeat choices the artists make on stage, or early versions of songs that end up radically changed before the official album is released.”[64]

However, Marshall has observed that bootlegging and tape trading are, actually, commercially beneficial to bands that cultivate these kinds of fan communities, despite this phenomenon being irksome to the legitimate entities (like record labels or catalogue owners) that seek to gain from the bands they “own.” In fact, Marshall writes that “being bootlegged often has a critical kudos attached to it that will improve a band’s standing in the commercial world,” and yet “letting fans make recordings puts artists ‘on the side of the rock outlaw rather than the corporate suit.’”[65] Perhaps there is some logic behind this outcome.

Every Silver Lining’s Got a Touch of Grey

Unlike the motifs on a Grateful Dead shirt, not all tribute acts or fan-made offshoots are sunshine and rainbows. Tribute bands can become parasitic, they can take money and credibility away from original acts, fool fans, or damage the image of an original act. In January of 2022, Swedish supergroup ABBA settled a lawsuit with a British tribute act using the name ABBA Mania. ABBA’s legal team alleged that the managers of ABBA Mania were engaged in  “‘parasitic and bad-faith conduct by trading off ABBA's goodwill and cachet in promoting ABBA Mania.”[66] Further, ABBA alleged that the unwelcome tribute act “ignored its demands to stop using ABBA Mania on social media, YouTube and the abbamania.com website, or take its suggestion to use "ABBA Tribute" in a way that won't confuse people.”[67]

ABBA formed in 1972 and skyrocketed into international superstardom.[68] Around 1982 they performed what was considered by many to be their last live show together and began a forty-year hiatus.[69] During their hiatus, it was likely no concern to the original band that other musicians paying tribute to them had emerged. However, recently the band enjoyed a renaissance after the Mama Mia film franchise and experienced an explosion of popularity on Gen-Z social media apps like TikTok.[70] In 2021, 40 years after their last album release, the band announced they were embarking on an expeditious new tour and releasing a new album. In light of this, it makes sense that the band hopes to regain a steady narrative over its place in the media and eliminate confusion on the marketplace for fans hoping to snag tickets to the original, not the tribute, show.

The rights holders of another iconic 70s band, Earth, Wind & Fire also landed in court over copyright and trademark infringement by a tribute act.[71]Earth Wind & Fire IP, LLC  filed a lawsuit against Substantial Music Group and Stellar Communications,  claiming the latter falsely marketed their Earth, Wind & Fire legacy act as the “real thing.”[72] The “fake” Earth, Wind & Fire used the band’s copyrights including its “Phoenix” logo, word mark, Egyptian iconography and even photos of the “real” Earth, Wind & Fire members  “to promote their concerts, tricking fans into thinking the shows were for the actual Earth, Wind & Fire.” In fact, “some ticketing sites didn’t delineate from the two separate Earth, Wind & Fires, combining their respective tour dates into one itinerary.” According to Rolling Stone, “the 41-page lawsuit includes complaints EWF fans made on social media after accidentally attending a “Legacy Reunion” concert and thought they were paying for the real thing.” [73] This deceptive marketing, despite being simply distasteful, demonstrates a clear violation of the band’s rightsholder’s copyright and trademark interests.

Like the Dead, another band synonymous with Baja hoodies, marijuana smoke and harem pants landed in court, as plaintiffs in an intellectual property suit. In 2006, the band Sublime and its former member Floyd Gaugh IV brought a case seeking to enforce intellectual property rights against defendants Mike and Tawnee Houlihan, a singer in and manager of a Sublime tribute band named Sublime Remembered.[74] The case was settled in July 2010, “when defendants agreed to permanently cease and desist selling, offering for sale, or promoting goods or services related to Sublime or a Sublime cover band.”[75]However, the same parties landed back in court in 2013, over alleged violations of the terms of the settlement agreement. The plaintiffs allege that the defendant, in violation of the injunction, performed the music of Sublime at several concert venues, at times after the injunction had been issued, maintained a website related to a music group that has performed the music of Sublime, and used the names "Sublime" to promote a concert in Malibu, California.[76]  Here, the reason behind the band’s lawsuit is muddied, but the principle is ascertainable.

As Courtney Armour, a lawyer in the notorious “Bad Spaniels” case expressed on Fox news, brand mimicry is not always a joke, in certain cases it can be dangerous. She highlighted in a newsreel that Jack Daniels can take a joke, but that the brand must protect their logo from being used to promote blacking out, or to sell juice boxes or illicit edible party drugs.[77]

Nothing Left to Do But Smile Smile Smile

Despite the situations where tribute bands may harm or sought to benefit from harming original acts or fans, they can actually generate money for original acts by keeping interest in them alive[78], and the money from mechanical and blanket licenses generated by their covers of songs will go to original acts’/ their estates[79]. As a Deadhead myself, who has benefitted greatly from the band’s relationship with copying and mimicry, I think the Dead can serve as a wonderful model for other legacy acts, and though they might deviate from a norm in their respective industry, alternative schemes of creative “enforcement” of IP can be found within under industries and amongst other creatives. In my personal collection of memorabilia, comprised of officially licensed tee shirts, sweatshirts, yoga towels, and concert posters, I have an equal amount of bootlegged lot shirts, unlicensed fan-made stickers, and even unlicensed fan-made wall art. Of course, in the case of the fan-made wall art, stickers, and bootleg shirts, these are not counterfeit goods. No such legitimate companion piece exists, these are completely novel designs conceived by fans with some of the iconography or lyrics of the band combined or implemented in ways that were never made by the band itself for legitimate sales.

Reason tatters, The Forces Tear Loose From the Axis

In a paper authored by Dave Fagundes and Aaron Perzanowski, the two highlight a “growing literature on [] norms-based governance of intellectual property, showing how [creatives like] clowns [], comedians, roller derby skaters, tattoo artists, and other subcultures—have developed an elaborate informal scheme in lieu of state- created copyright or trademark law to regulate their creative production.[80] The Fagundes and Perzanowski paper focuses on the Clowning industry’s unique egg library (yes, you read that right) of registration, and in doing so emphasizes that “By adopting, communicating, and enforcing a shared set of expectations about copying, clowns have largely avoided conflict and manage to address it effectively when it occurs. And they have done so while avoiding the significant transaction costs imposed by formal law.”[81]

However, with the clown egg registry, participation for clowns is, “[in] terms of time and

effort, . . . an immensely costly enterprise. So why does it endure?” Fagundes and Perzanowski Argue that despite “the somewhat attenuated relationship between the Clown Egg Register and the norms-based system it is intended to facilitate. . . [t]he Register facilitates the professionalization of clowning and signals its value to the public. It also contributes to a sense of community among clowns and serves as a source of prestige. Moreover, the Register creates a durable archive of clown makeup designs, preserving the art form for posterity”.

         While not exactly comparable to the Dead’s system of enforcing copyright, because the band has historically relied upon traditional legal avenues by offering their own licensed merchandise and owns copyrights and trademarks in its body of work, it speaks to the existence of case-specific innovative solutions for balancing the economic and artistic benefit of restricted use with the norms of the group enforcing such rights (silliness in the form of an egg library, respectively for clowns, and free love, respectively for hippies.)

Bob Weir once said, “A hippie is someone who knows there’s more to life than what readily meets the eye.”[82] I would like to imagine that this alludes to the way that the band would be pathologically self-harming to not participate at all in the traditional statutory copyright scheme, but that they seek to participate in their own way, which, like the clown egg registry,  aims to contribute to a sense of community, create an archive of the band’s imagery and lore, and  preserve its unique culture in a way that a simple enforcement of statutory IP law could never fulfill.

One Good Ride From Start To End, I’d Like To Take That Ride Again

The Grateful Dead is a foundational psychedelic rock band, and a treasured piece of American history and counterculture. During their thirty-year touring career, in addition to penning a prolific original songbook, they created a worldwide ecosystem of dedicated fans.  Bootleg tapes, fan-made merchandise, and tribute acts have all contributed to a richer cultural admiration of the band, and in many cases have been afforded special protections by the band, lending credence to the idea that there is room, even within our current scheme of IP law, to balance the rights of original acts with those of secondary tributes to benefit both parties and the public. As a superfan myself, I see their story as a beacon of what embracing the uniqueness of your fanbase as a creator can potentiate. Yes, the copyright and trademark systems in their current form have the ability to fulfil their promises of restricted use and access, thereby contributing to value for authors; this is undeniable.[83] But that is not where the story begins and ends. There is a way to optimize what may, for all intents and purposes by unlawful use of registered materials and leverage them into making your band legendary.

[1] “'Crazy' is a term of art; 'Insane' is a term of law. Remember that, and you will save yourself a lot of trouble.” - Hunter S. Thompson, https://www.brainyquote.com/quotes/hunter_s_thompson_588304#:~:text=Please%20enable%20Javascript-,'Crazy'%20is%20a%20term%20of%20art%3B%20'Insane',yourself%20a%20lot%20of%20trouble. 

[2] Julie E. Cohen and Lydia P. Loren, Copyright in a Global Information Economy 11-14 (Aspen Casebook, 5th ed. 2019)

[3] Id. At 6-8

[4] Wikipedia, Public good (economics), https://en.wikipedia.org/wiki/Public_good_(economics)#:~:text=His%20argument%20was%20that%20people,for%20goods%20that%20they%20value.

[5] Alicia Canter, Banksy's Dismaland: 'a theme park unsuitable for children' – in pictures, https://www.theguardian.com/artanddesign/gallery/2015/aug/20/banksy-dismaland-a-theme-park-unsuitable-for-children-in-pictures 

[6] Jesse Jarnow, Biography, https://www.dead.net/biography

[7] Id.

[8] Id.

[9] Id.

[10] Id.

[11] Id.

[12] Id. 

[13] Id. 

[14] Id. 

[15] Id. 

[16] Id. 

[17] Id.

[18] Id. 

[19] Id. 

[20] Id. 

[21] Id.

[22] Id.

[23] Id.

[24] Id. 

[25] Id. 

[26] Robert Hunter and Jerry Garcia, Scarlet Begonias, https://www.dead.net/song/scarlet-begonias

[27] Supra, note 4

[28] Home, Grateful Dead, Music, https://store.dead.net/en/grateful-dead/music/daves-picks/?pdshow=true

[29] Wikipedia, Phil Lesh and Friends, https://en.wikipedia.org/wiki/Phil_Lesh_and_Friends ; http://www.philzone.com/ 

[30] Id.

[31] RatDog, The band, https://ratdog.org/band/

[32] RatDog, stuff, https://ratdog.org/stuff/

[33] Wikipedia, The Other Ones, https://en.wikipedia.org/wiki/The_Other_Ones; http://www.philzone.com/

[34] Id.

[35] Id.

[36] Wikipedia, Further (band), https://en.wikipedia.org/wiki/Furthur_(band); http://www.philzone.com/

[37] Id.

[38] Wikipedia, Dead & Company, https://en.wikipedia.org/wiki/Dead_%26_Company

[39] Id.

[40] Wikipedia, Wolf Bros, https://en.wikipedia.org/wiki/Wolf_Bros

[41]  Jam Base, Phil Lesh & Friends, https://www.jambase.com/band/phil-lesh-friends; Jam Base, Bob Weir & RatDog, https://www.jambase.com/band/bob-weir-ratdog; Jam Base, The Other Ones, https://www.jambase.com/band/the-other-ones; Jam Base, The Dead, https://www.jambase.com/band/the-dead; Jam Base, Furthur, https://www.jambase.com/band/furthur ; Jam Base, Dead & Company, https://www.jambase.com/band/dead-company ;Jam Base, Bobby Weir & Wolf Bros, https://www.jambase.com/band/bobby-weir-wolf-bros 

[42] Amy Lennard Goehner and Arpita Aneja, How Grateful Dead Fans Became Deadheads, https://time.com/3919040/history-deadheads/

[43] RS Editors, The Grateful Dead Did Get It: Reporters and Cops, https://www.rollingstone.com/music/music-news/the-grateful-dead-did-get-it-reporters-and-cops-188402/ ; Cody Copeland, THE TRUTH ABOUT THE GRATEFUL DEAD'S RUN-INS WITH THE LAW, https://www.grunge.com/263137/the-truth-about-the-grateful-deads-run-ins-with-the-law/

[44] Grateful Dead Lawyer Hal Kant Dies, Mike Barns, https://www.hollywoodreporter.com/business/business-news/grateful-dead-lawyer-hal-kant-121564/; Matthew R. Litt, Esq., LinkedIn, https://www.linkedin.com/pulse/hal-kant-coolest-lawyer-ever-matthew-litt-esq-/ 

[45] Supra, note 51

[46] Id.;Grateful Dead, Shakedown Street Collaborations/Partnerships, https://store.dead.net/en/grateful-dead/shakedown-street/?pdshow=true

[47] Shakedown Street, Urban Dictionary, https://www.urbandictionary.com/define.php?term=Shakedown%20Street

[48] @Fad_Albert, Instagram, https://www.instagram.com/p/ChCroTWO-Un/

[49] @Fad_Albert, Instagram,https://www.instagram.com/p/CnXTd63OVIl/

[50] Supra, note 51

[51] Id.

[52] Alli Patton, A Guide to Grateful Dead Iconography, https://americansongwriter.com/a-guide-to-grateful-dead-iconography/

[53] Ethan Shanfeld, Input, https://www.inverse.com/input/style/grateful-dead-merch-streetwear-collaborations-nike-crocs-lebron-james; James Perse, Grateful Dead Collection, https://www.jamesperse.com/collections/grateful-dead-collection?gclid=Cj0KCQjw_r6hBhDdARIsAMIDhV_Rp6Jlj9LMpMrWyjLaa4l2C9T7RpEfUb6q7BJxNBXGmCcuEefmLXsaAiKcEALw_wcB

[54] Compass Rose, Grateful Dead Tribute Band site, http://www.gratefuldeadtributebands.com/ ; Team JamBase, Post-Grateful Dead Bands, https://www.jambase.com/article/20-for-20-post-grateful-dead-bands  

[55] Supra, note 45

[56] Supra, note 51

[57] Id.

[58] Lee Marshall, For and against the Record Industry: An Introduction to Bootleg Collectors and Tape Traders, http://www.jstor.org/stable/853556

[59] Id.

[60] Id.

[61] Id.

[62] Livia Gershon, The Grateful Dead, Tape Trading, and the Music Industry, https://daily.jstor.org/grateful-dead-tape-trading-music-industry/#:~:text=During%20their%20heyday%2C%20the%20Grateful,made%20recordings%20as%20simple%20theft 

[63] Id.

[64] Id.

[65] Id.

[66] Money, money, money: ABBA sues over Abba Mania cover band, Jonathan Stempel, https://www.reuters.com/business/media-telecom/money-money-money-abba-sues-over-abba-mania-cover-band-2021-12-04/

[67]  Id.

[68] ABBA, Wikipedia, https://en.wikipedia.org/wiki/ABBA#History

[69] Id.

[70] Doris Daga, Get ready Dancing Queens, ABBA has officially joined TikTok, https://www.voguescandinavia.com/articles/abba-has-officially-joined-tiktok

[71] Daniel Kreps, Real Earth, Wind & Fire Sues Fake Earth, Wind & Fire for Trademark Infringement, Deceiving Fans, https://www.rollingstone.com/music/music-news/earth-wind-and-fire-copyright-infringement-lawsuit-1234692630/

[72] Id.

[73] Id.

[74] Sublime v. Sublime Remembered, No. CV 06-6059 CAS (FMOx), 2013 U.S. Dist. LEXIS 103813 (C.D. Cal. July 22, 2013)

[75] Id.

[76]  Id.

[77] https://www.youtube.com/watch?v=BjOK5x8yX_w

[78] Supra note 59

[79] Bilal Kaiser, Royalties for Cover songs, https://www.legalzoom.com/articles/royalties-for-cover-songs

[80] Fagundes, Dave and Perzanowski, Aaron, Clown Eggs (March 8, 2018). Notre Dame Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3136804 or http://dx.doi.org/10.2139/ssrn.3136804

[81] Id.

[82] Time Crisis with Ezra Koenig, Episode 136, https://jambands.com/news/2020/11/24/listen-bob-weir-appears-on-ezra-koenigs-time-crisis-radio-show-discusses-american-beauty-50th-anniversary/

[83] Supra note 2