The Karma of
copyrights
The importance of getting permission is increasing in the entertainment industry, as technology and financial opportunities emerge. As an artist manager, the need to offer sound advice on how to best protect your artist is essential for success. Today’s infringements upon another artist work can easily occur, as the interest in remix grow. In the video seen above, the commentator says, “it only takes two seconds to catch a case.” [1]
In the New
Zeland Herald, writer Shuman accuses Keyes of admitting to using two seconds of
his song, “Hey There, Lonely Girl.” Apparently, the song begins in one form and
became a hit under another title in 1970. “Songwriter, Earl Shuman has filed a
suit, alleging that the songbird’s track borrows elements from Lonely Boy, a
song he co-wrote in 1962. The song became a hit in 1970 for Eddie Holman under
the title Hey There Lonely Girl. [2] Keys admits that she borrowed, confessing
that it was only two seconds of the song.
Similarly, Kanye
West has also been sued for the use of only two lines in one hook, “Get down
Girl Get Down.” Featured in this video and number 1 hit, “Goldigger,” West has
been accused of taking a line from an unknown hit that was originally called
Bumpin’ Bus Stop. Two of the family members, David and Prior, asked the judge
to stop the sales and compensate them for the use of the hook.
Seen here in the
video are the lyrics for the hit song, Goldiggers. The specific use of the
words is clear, but the right for the Prior family to receive 1 million dollars
for the use of such lyrics remains murky. Kanye refuses to pay.
Rather it’s two
seconds or two lines that are borrowed, the idea of not recognizing another
artist could come back to bite you. My advice would be to consider the loss
that might occur when it’s royalties of your own work that is not being
honored. Be aware of the a karma of copyrights. In a recent New York Times
article, The Copyright Enforces, John Bowe points out the role of ASCAP to
collect Billions of dollars each year from radio broadcasters to be paid out to
the artist whose works are featured. [4]
Some arguments
rely on the change in copyright rules over time. With the focus on 1972
Copyright act, Sirus XM is avoiding paying royalties, as well. The similarity
of all three law suits is the time of
the original work created. Sirus XM profess to be within the rights of the law,
“because sound recordings didn't fall under federal
copyright protection until 1972, SiriusXM couldn't rely on statutory royalty
rates for these older tunes.”[5]
“The Florida statute provides that one is
liable for theft if one "knowingly … uses the property of another with
intent to … appropriate the property to his own use." [6] As an artist
manager, my advice would be to access as much protection for your work as
possible, seeking proper permissions. An
artist would better be safe than sorry.
REFERENCES
[1] Stereotude,
Alicia Keys Hit With a Copyright Lawsuit for ‘Girl on Fire.’ http://www.youtube.com/watch?v=cPo6K0ILRkg,
Dec 18, 2012
[2] Sterotude,
Kanye west Sued For $1milion Over copyright Lawsuit, http://www.youtube.com/watch?v=wrkMAFUm_yk, April
9, 2013
[3] Mathers,
Rose, Kanye West – Gold Digger (feat. Jamie Foxx) Lyrics Video
[4]BOWE, By
JOHN. (August 8, 2010 Sunday Correction Appended ). The Copyright Enforcers.
The New York Times, Retrieved from www.lexisnexis.com/hottopics/lnacademic
[5] [6] Gardner, E., Sirius XM Hit With Fourth
$100 Million Lawsuit in Past Month, Hollywood, Esq. the intersection of
entertainment and law posted 9/14/2013 http://www.hollywoodreporter.com/thr-esq/siriusxm-hit-fourth-100-million-620793
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