Thursday, August 18, 2011

Legal Aspects of the Entertainment Industry


   Often the legality of the entertainment industry is overlooked by up and coming artist. It can be something as small as a sample clearance not being completed that can land a new artist in court for copyright infringement. There is a similar case in regards to Michigan rapper Jon Connor. Jon released a tribute song to fallen rapper MC Breed. However, Jon made a major legal mistake. He placed this tribute song on ITunes for sale without getting permission or clearance from the proper authorities.
            MC Breed’s widow Mrs. Natasha Breed filed suit against Jon Connor stating that Jon used portions of an original cut from one of MC Breed’s previous works without getting approval. Accordant to S. Horowitz (2011) Natasha Breed believes that Jon is profiting off of MC Breed’s music material. She totally disagrees with the assumption that he could do so without getting the proper permissions.
            Lets take a look at a major artist that has legal issues to handle as of late. Trey Songz one of the top R&B acts in the world currently has found himself along with his major label in legal hot waters. In late 2010 through early 2011 Trey Songz had a hit single title “Bottoms Up” featuring Nicky Minaj. Doc Mob Records in addition to IHip-Hop Music are suing Trey Songz plus Atlantic Records for 18 million dollars. Atlantic Records is not the only co-defendant named in the mentioned lawsuit. Two of Trey Songz’s managers are named as well for using the song in an advertising campaign. Based on the information I gathered from a Hip-HopDX.com report, this is a typical case of a producer makes a beat initially. Then another producer refines it, next takes it to a label without making sure that the initial producer is credited. I believe that when major labels work this way it sets a horrible tone, and discredits the independent producers. Hopefully the plaintiffs will collect a portion of the lawsuit amount their seeking if these claims are indeed fact.
            Lastly, lets discuss Jay-Z’s successful legal battle against a chef that appeared on the Hells Kitchen TV show. One of the winning contestants from that show used his prize earnings to open a restaurant titled Rockafella in 2006. Entertainment mogul Jay-Z has owned the Rock-A-Fella trademark for nearly two decades now. Courts in the UK ruled that the owner of Rockafella restaurant would be allowed to use the name in the UK for their restaurant and catering business. However, eventually an appellate court overruled the trial court's decision to allow them to use the trademarked name. Since that time the restaurant has closed down. In cases like this Jay-Z having a strong legal team overseas impacted the appeals process. Although the industries are a little different, I agree with the appellate courts decision. Jay-Z may want to create his own restaurant brand overseas using his labels trademark and this decision makes it to where his competitors would not carry the same likeness.

Outside Sources:
MC Breed's Wife Suing Jon Connor For Copyright Infringement
Trey Songz Sued Over "Bottoms Up" Track
Jay-Z Wins Legal Battle Against Rockafella Restaurant

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