Sunday, September 25, 2011

Legal Concepts in the Music Industry...


Society gives the impression that the entertainment industry is not a complex entity and is only in existence for their benefit.  As entertainers, we do need fans in order to stay apart of the trend, but we’re not necessarily here for the fan aspect.  Many of us look to music, acting, sports or any other media as our passions; our livelihood.  Copyright violations and trademark infringement have a tendency to impact our livelihood, negatively.

Keith Winstein, a professor at the Massachusetts Institute of Technology (MIT), is a well-known educator of copyright and American Law.  Initially my interest is peaked with the flow of the lecture.  Winstein, begins his lecture with a question of, “What is the first thing you see when you walk into a library?”  I as well as some of his students thought the obvious answer was books.  However, Winstein was referring to a copy machine.  In most libraries, I have been exposed to, there has been a coin or card operated copy machine. Even though libraries know the patrons are copying books and other printed resources, they feel they are protected, because they charge for the copy.

DePaul University, a prominent school in Chicago, IL implemented a “Dinner With a Lawyer,” series that gives law students an opportunity to have a group discussion with a lawyer in different aspects of law. Kate Battle, a lawyer in the Chicago area, is an entertainment lawyer with expertise in copyright, trademark, business, and marketing.  In this particular series, Battle shares anecdotes of her experiences with working with people in the entertainment industry. “Why do I need to trademark my band name?  Why do I need to copyright?”  Although these are basic questions, Battle indicates that these young lawyers need to remain grounded and keep their “layman’s terms” in check.  The average artist is not going to comprehend legal jargon.  In order to be successful, they need to have the ability to speak like a lawyer and the average Joe.

“You should never do an ad that you would be afraid to show your family…” This is how the lecture begins with the W.P. Carey School of Business located at Arizona State University.  The basis of the lecture is to be mindful of what and how you advertise your product or service; ensuring your reputation stays in good taste.  Each of these podcasts focuses on making sure you follow the basics.  Asking permission from the right people to use a particular song or photo or filing the right documents may be time consuming, but they will keep you out of a lawsuit.  This has just reiterated to me to be careful with my craft.



Dinner with a Lawyer—Obtaining Non-Profit Experience in Entertainment Law: http://itunes.apple.com/us/podcast/dinner-lawyer-obtaining-nonprofit/id388886775?i=86377577

Video Lecture 03: Copyright applied to Music, Computers; Napster and Peer-to-Peer sharing: http://itunes.apple.com/us/podcast/lecture-03-copyright-applied/id341597861?i=63739017


Saturday, September 17, 2011

On This Month In 2010....

So Facebook has this new application that tells you what your status was in 2010.  Normally, it's pretty interesting but the month of September has been a month I didn't realize I was not looking forward to going down memory lane...

September 7th was our designated anniversary, and apparently I put all my issues aside to feign happiness and wish him "happy anniversary..." What the hell did we have to celebrate?  Me losing my job and having to move back in with my parents or was it the fact you cheated on me multiple times?  I know I can't change my past and there is no reason to beat myself up over something that is over and done with, but it feels like all aspects of my life have thrown me right back into the thoughts and emotions I was dealing with at this time.

I don't want to go back to having to beg someone to spend time with me; someone who used me for what I could and would do for them because I loved them; someone who didn't believe that my heart was worthy enough to be taken care of...

It's been almost 11 months since I left and yet it still hurts.  Ironically, the reason I'm hurting has nothing to do with him.  I'm hurting, because somewhere down the line, I forgot my worth.  I decided it was ok for this man to cheat, lie, and take over, over and over again.  I NEVER want to be here again!

As of today, you are no longer welcome in my heart or in my head.  As you never loved me, I want it to be as if I had never known you.  The slate has been wiped clean...you're done and so am I...

Wednesday, September 7, 2011

Never a dull moment in the Music Industry...

http://www.memphisrap.com/index.php?t=article&m=1643

There is nothing new under the sun…

Infamous Hip-Hop artist, Rick Ross (William Leonard Roberts II) keeps giving the impression that his creative flow has a tendency to dry up.  Ross is currently being sued for his 2010 album Teflon Don due to copyright infringement.  According to Memphisrap.com, up and coming independent Hip-Hop artist, Teflon Don, claims that Rick Ross, DJ Khaled and Def Jam were all aware of not only his name and reputation but blatantly disrespected him, by allowing negativity (Rick Ross’ lyrics) to be associated with the positive brand he has been building over the last decade.

No one truly knows the inter-workings amongst Ross, Khaled and Don himself, however this does seem like a disregard for a fellow musician on Ross’ part.  Ross could have easily searched for terms Teflon or Don and came up with a different concept.  Why specifically Teflon Don?

http://www.digitalmusicnews.com/stories/080511rapper
Rally against The Waffle House?  Seriously?

This is a serious issue, but it’s hard not to find this somewhat amusing due to the content.  Recently, Waffle House Capital, LLC and Waffle House, Inc. issued a “cease and desist letter” to Hip-Hop artist, J.R. Bricks due to the use of their trademark utilized in the advertisement of his new song “Waffle House (After the Club).”  J.R. Bricks, an artist of German-American label Block Starz Music LLC, offered to rename the song “WaffelHaus (After the Club)” so as not to infringe upon the Waffle House’s trademark.  Pat Warner, Waffle House’s spokesperson states "Whether they put it in German or Spanish, it would still be 'Waffle House’.”

Block Starz has now decided to implement a rally in Atlanta against Waffle House for cultural discrimination, claiming Waffle House does not want to be associated with the Hip-Hop lifestyle.  I haven’t set foot in a Waffle House in years, but every time I come across one, I see a variety of Hip-Hop, Country, Pop and any other genre-oriented persons in that place.  Mr. Bricks, I don’t believe a rally is really necessary.


Copyright Infringement with a twist.

Instead of turning copyright infringement into a drawn out negative legal battle, popular Punk-Rock Band Blink-182, decided to go a different route. “If you can’t beat ‘em, join ‘em!”  Blink-182 teamed up with AT&T to market a new device from HTC towards a more “youthful and rebellious” demographic.  In return, AT&T will sponsor the band’s upcoming tour.

For Blink-182’s first new song in eight years, Up All Night, the band members scanned through numerous YouTube videos of fans using their music without permission.  As a reward (for using their music), Blink-182 created a video montage of fan submissions as the music video.  That’s one way of making up for profit loss!




Rick Ross: http://www.memphisrap.com/index.php?t=article&m=1643
J.R. Bricks: http://www.billboard.biz/bbbiz/industry/branding/waffle-house-claims-trademark-infringement-1005304292.story
Blink-182: http://www.ft.com/cms/s/0/03cd09da-c1f7-11e0-bc71-00144feabdc0.html#axzz1XKNKZOQX