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


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