Preparing The Plan

During my time at Full Sail I have experienced a reoccurring theme. The theme is a culture of detailed research and due diligence. Entertainment law is probably the single most important aspect of an entertainment business plan. The laws that govern media are changing on a daily basis. Cases such as the Viacom Intl., et. al. v. YouTube, Inc., et. al. will set new precedents as it pertains to copyright laws. The best way to make sure a business gets off to a good start is to explore all potential risks and liabilities. Ignorance of the law is not an acceptable defense in a court of law should you find yourself there. Viacom sued YouTube for this very reason, claiming that YouTube turned a blind eye to the protected content uploaded by users. The courts disagreed with Viacom the judge believed that YouTube was only responsible for removing protected content when they were notified. The case is currently under appeal.

The importance of entertainment law can also be seen in networking. When dealing with a potential client you can gauge their level of professionalism by how many legal steps they have taken to protect them. As a music producer I like to ask the artist I work with if their material is protected. The artist that takes the time to register with a performance rights organization or trademark their logo is more likely to be a more lucrative client.

Reviewing blogs and podcasts are also a great way to gain some of this knowledge. The problem people often have is they’re not sure where to start. Getting legal advice if you can afford it is the best solution. Internet and library research will solve a lot of the initial issues at the inception. The laws may change overtime but a good business man should either see signs that things are changing or know that ethically they’re in a position to fight.  

Own Your Brand

Almost everybody in the entertainment industry knows what a copyright is. The problem is some people deem it unnecessary in the beginning stages of a career. As with politics there are liberal opinions of the extent in which copyright law prohibits the exchange of arts. It is clear that there are times when copyright laws can be too stringent but they are most definitely necessary. What would the world look like with out copyrights? Entertainment is already full of the same old recycled ideas but without copyrights we would be stuck with identical compositions and works of art. There are examples of fair use that in my opinion are unfair. The NCAA licenses the use of teams and player likenesses for video games without the player’s permission. The players should definitely be compensated if their likeness is being used in a video game. Federal courts will see the case against the NCAA for copyright infringement in 2014.

Trademarks are also an important part of entertainment. A trademark makes sure that your logo and brand signature cannot be duplicated without expressed permission. Trademarks are needed to ensure that another party doesn’t exploit your brand or incorporate themselves with you for their personal gain. Trademarks and copyrights are the first step in monetizing your art and it’s also a great way to see if you unknowingly have similar attributes to another company or artist. What would the world look like without trademarks? Without trademarks it would be impossible to judge the quality of a brand simply by name and logo identification. Consumers see a brand and recognize its quality because they’re either a past user or have been referred. Without trademarks anyone could take advantage of the popularity of the brand and possibly sell an inferior product. Copyrights and trademarks can be can be attained by the common man but it is best to consult an attorney.         

Who's Stealing What?

The first legal dispute I would like to discuss is the cease and desist case between Will.i.am and Pharrell Williams. Will.i.am claims that Pharrell’s I Am other Internet moniker is too close to his trademarked name. I understand the need to protect your trademark but I would call this frivolous. I truly believe that some lawsuits materialize directly from the ego. There has not been a single time that I listened to Pharrell and Will.i.am came to mind. As of today no formal suit has be filed by Will.i.am but Pharrell has filed a suit to counteract the cease and desist order.

Another suit that involves Pharrell involved a song he produced for Robin Thicke. The song “Blurred Lines” samples “Got to Give it Up” by Marvin Gaye. Anyone who has heard both songs can clearly see the resemblance. The family of Marvin Gaye has all right to protect the fallen legends legacy but something tells me this could all have been avoided. Sony and the family have since settled but the terms have not been disclosed.

One of my favorite facts I learned about copyrights is the fact that The Birthday song is still protected under copyright law. But in 2013 a woman by the name of Jennifer Nelson sued Warner/Chappell publishing in order to get the Happy Birthday song into public domain. The original song written by two sisters, Mildred J. Hill and Patty Smith Hill was named “Good Morning to All”. The suit claims that the song evolved overtime due to the public and in affect the public should own it. I agree with this premise and although the case has yet to be solved I feel that the 25 Million dollars paid for the song by warner in 1988 has a lot to do with the fight they’re putting up.