A recent furor over Tottenham Hotspur’s use of “Can’t Smile Without You” is, on the surface, an easy story. A songwriter, who happens to support Arsenal, objects to Spurs playing ‘his’ song. Lawyers mutter about licenses. Fans roll their eyes. Tabloids sharpen the rivalry angle. Case closed. Except it isn’t. Because beneath the banter sits a far more interesting and unresolved question: when does licensed use become cultural appropriation, and when does a brand’s legal...
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