If you are ever in the need of researching and finding references about court cases and law terminology, Entertainment Law Update is a good website to use. In a one hour long podcast, any attorney, law students or others, are provided with analysis and commentaries to use, about any legal issue. These "up to date" podcasts talk about cases that have already been in court and others that are about to go to trial.
I used this website to learn more about the entertainment industry on legal matters.
In the Entertainment Law Update Podcast, Episode 6 - Celebrity Identity Theft, I found the following:
The case of Carly Simon v. Starbucks:
- Starbucks (record label) is being sued for breach of contract and for not reaching the terms agreed in the contract with Carly Simon.
- We must keep in mind how essential it is to complete a contract. You may want to include in the contract a way or situation where you can terminate it, and this way you have a clear description and both parties are aware of it.
- This case helps reinforce the value of an agreements between 2 parties.
- Each party is trusting the other party to fulfill the requirements.
- Sticking to the contract helps you build credibility and a good reputation.
- Starbucks was managing Carly Simon's record sales but they didn't accomplish what they promised.
- If you're going to work as a manager, you need to make sure you are doing a satisfying and successful job for your client. At the end, the way you work with the career of your client is going to affect you too.
California’s new paparazzi statute:
- This I found really flattering, not only because I hate paparazzi, but also because it reduces a lot of potential risks for an artist.
- The California new paparazzi statute says that it is illegal to take photos of artist during their personal actives and if a photo is obtained by improper means and published without consent, the artist is eligible to sue.
- Artist already know they are going to live a life full of “stockers”, but they should also know they are able to have moments of privacy and freedom.
- This statute helps keep us motivated of learning the laws in each jurisdiction as we travel.
- Each of us is responsible of knowing the laws and regulations that apply as we move to different place.
- As an artist and manager, is good to keep this in mind because of all the traveling you will be doing.
An example of how strict the laws are now with paparazzi who violate a celebrities' personal intimacy, is what happened this week with Kate Middleton's topless photos. The photographer AND the magazine who published the photos where penalized and ordered by the French court to block and turn in Kate's photos in 24 hours.
This was in another country, but with all the easy access to media, this has become a concern and legal issue worldwide.
From the Entertainment Law Update Podcast, Episode 13 - copyrights, trademarks, fair use and net profit suits, I heard about the following case:
Nafal v. Carter (the rapper Jay Z):
Nafal v. Carter (the rapper Jay Z):
- This case is about copyright infringement.
- The interesting thing is that Jay Z was being sued for performing and recording commercially the song "Big Pimpin'" which seems to be a song originally written in 1957 in Egypt.
- Nafal sues clamming he has the copyright ownership of the song.
- This song falls under the Copyright Act of 1909 and not the 1976 Act.
- With this, the court proves that Nafal does not have standing to the lawsuit because he is not the "exclusive" owner of the song and didn't have full rights.
- Under the old act, Nafal would also need permissions to use/own the complete song.
- Jay Z was out of the lawsuit and no infringement was applied.
The thing to keep in mind here is, the only way you have the right to sue is if you are the exclusive owner of the work. For this reason, make sure you register under copyright, all art work you created yourself or for the use of your company, that may be seen and accessed to any public.
Always be one step ahead of those that try to take a piece of your work and make sure you know your rights; but most important, LEARN THE LAWS!
If you're going to have an event and artist management company, register your trademarks, copyright your works, make sure your artists has all the licenses needed for performance, music, adaptation, distribution etc. Make sure you acquire the correct license from the correct owner before anything goes to the public. If the case it that someone it trying to sue you, you have the evidence that you did things correctly...if your going to sue somebody, make sure you really have the intellectual property ownership.
If you're going to have an event and artist management company, register your trademarks, copyright your works, make sure your artists has all the licenses needed for performance, music, adaptation, distribution etc. Make sure you acquire the correct license from the correct owner before anything goes to the public. If the case it that someone it trying to sue you, you have the evidence that you did things correctly...if your going to sue somebody, make sure you really have the intellectual property ownership.
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