You probably read about the little copyright flare-up that accompanied the recent posthumous release of Michael Jackson’s new single, “This is It.” The song is, apparently, almost identical to an earlier song “I Never Heard,” co-written by Jackson and rock-and-roll legend Paul Anka many years ago but never released. Anka immediately gave an interview in which he was quoted as complaining that he hadn’t been consulted or given his permission, and saying “They have a major, major problem on their hands, [and] they will be sued if they don’t correct it.”
It looked pretty straightforward. When you think about it, though, it’s not at all clear what Anka was complaining about. Jackson’s estate, as co-owner of the copyright, is perfectly within its rights to license the distribution of the song, with or without Anka’s permission or even his knowledge – that’s what copyright co-ownership entitles you to. And secondly — I’m a songwriter, and if I found out that Sony Records released a song that I had co-written with Michael Jackson (ok, it’s a null set, but just