Podcast

The New Legal battle over the Song Rights

            This case talks about the termination rights provision. An issue that came out legally in a very serious way of music ownership. Since 1978 a lot of famous music albums such as Billy Joel, Kenny Rogers, Barbara Streisand and more, generated a lot of millions for some record companies. Due to the termination of right provision of the United State Copyright law, those famous artist have the right to reclaim their ownership of those recordings works. Listening the postcast on “Lawyer 2 Lawyer” they mention that when the copyright was revised, the creators are allow to own their product after 35 years. In the other hand, the major record companies said that they are not going to abandon recordings that consider their own property. The recording companies argue, the records are work for hire compilations, created not by independent performers but by musicians who are, in essence, their employees. Things that the copyright law, see it in an unconvincing way. But according to the video they said that the solution of this issue would have to be resolving in the court.

Downloading Music Illegally and the role of RIAA

In this case the issue is focus on the Illegal downloads of music, that in other name its call Internet piracy. Basically with the podcast of the “Lawyer 2 Lawyer”, I can analyze the way that the two-attorney guests arguing about this legal issue. The first guest is the attorney Richard L. Gabriel; he is a lead national counsel for the Recording Industry Association of America. And the second guest is the attorney Fred Von Lohman, a senior staff attorney specializing in intellectual property issues with the Electronic Frontier Foundation. An overview of this problem is that exist a lot of people that are starting to download music illegally and share music. Thing that automatically affects the music industry in this case, record companies. In the interview Richard said that the illegal world is controlling the market and has create a huge damage with the purpose that record companies can’t sign new artist because the loss of money because of piracy. Also he mentions that the purpose is to try to control this infringement and educate people of what is legal conduct with music concern. In other hand the other attorney, Fred argue that he is aware that piracy is growing in the market but the purpose is not to sue thousand of people for being fans of music and share songs. He said that the campaign of RIAA is not working and is trying to make that fans feel guilty of suing. Another thing that Fred mentioned is that there is no money for the creators any way because the money that record company use because of getting sued doesn’t go for the songwriter and other creators and that another point that company has to think of.

In conclusion, I have to say that listening those interviews I was very connected with the arguments of those experts talking about each topic. Sometime you have a though and argument but something a very small thing is missing. Thing that in some cases can change the point of view very easy, but for good. In my cases, those interviews woke my curiosity to learn more about legal issues, in away that I can expand my knowledge with expert related to the music industry.

Sources:

The New Legal Battle over Song Right

http://legaltalknetwork.com/tag/artist-copyright-claims/

Downloading Music Illegaly and the Role of RIAA

http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2007/11/downloading-music-illegally-and-the-role-of-the-riaa/

Other source: The PeaceTone of legal Empowerment Project and the Power of Music http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2011/12/the-peacetones-legal-empowerment-project-the-power-of-music/

Copyrights Infringements

The music business is huge in all aspects. Artist can get fame, money and be successful but we have to know that sometimes this business becomes a bit dirty. I mention dirty because the business people that works in this industry sometimes miss important things. I’m talking about one of the biggest issue in the music industry that is the Copyright infringement. Copyright infringement is the unauthorized use of work, a topic that I will discuss in the following cases.

Starting with the case of Sony BMG Music Entertainment v. Tenenbaum (2011); where Joel Tenenbaum infringed the copyright of many music recordings as Sony referred to, without their authorization.  The court found Tenenbaum had infringed the copyrights music through downloading and distributing activities Sony BMG Music Entertainment v. Tenenbaum.  WIPO (2011), refers to reproduction and distribution as part of the copyright and that the owner has the right to control the reproduction and the authorization of distribution of the work.

Other case that we see this type of violation is the case of Michael Bolton vs Isley Brothers. The Isley Brother sue Bolton, for allegedly lifting parts from their original song “Love is wonderful thing” that was release in 1966. Bolton releases the song in 1991 basically with a lot of common words and same name. The jurors decide that the Isley boys have to get a 66 percent of the song. Apart of that Bolton’s music company have to pay 4.5 of this infringement.

In conclusion , as a person that is looking forward to work in the music publishing side I have to be aware and focus on those little issues and make  this process correctly. Been aware and having the knowledge helps me to not struggle like those cases that I mention before that can destroy my career and my goal in a  easy way.

Sources:

http://caselaw.findlaw.com/us-1st-circuit/1580207.html

http://www.fairwagelawyers.com/most-famous-music-copyright-infringment.html