Hip-Hop Law Blog

For this blog post, I decided to listen and review the Entertainment Law Update Podcast. This podcast is a monthly discussion between Gordon P. Firemark and Tamera Bennett, two Entertainment Attorneys. The three podcasts I listened to were Episode 13: copyrights, trademarks. fair use and net profit suits, Episode 17: can kanye write songs 140 characters at a time?, and Episode 23: monkeying around with copyright law.

The first podcast was about the use of fleeting expletives in broadcasts. Broadcasters have been arguing that there is a need for more leeway from the FCC with a more clear and concise list of the bad words not to say and what the consequences were going to be. The next situation they discussed was the issue of “Broadcast Performance Royalty for Sound Recordings” which was about artists getting royalty for their songs being on terrestrial radio. Broadcasters agreed that they do believe artists should get paid for their recordings, now the issue is getting their higher-ups to agree as well as a bill drafted for legislature review and acceptance. They also had a case that rapper Jay-Z was involved in over “Big Pimpin’”. “Big Pimpin’” violated the “moral rights” of heirs of a 1960s Egyptian film composer. The end result was Jay-Z won a summary judgment against Egyptian plaintiff that sued him over the song infringement suit. They discussed in the podcast that however, the family of the sampled song may seek a future case against Jay-Z.

The second podcast was about cases like Universal Music Group v. Augusto, which involved Universal suing Troy Augusto, a man who sold some Universal Music Group promotional CDs on the website eBay. They argued that Augusto's sales constituted copyright infringement. Augusto argued that it was apart of the “First Sale Doctrine” and that it was his property. On January 4, 2011, the Ninth Circuit ruled in Augusto’s favor stating it was indeed apart of the “First Sale Doctrine”. The next issue that was discussed about how there is an issue if “tweets” are covered under copyright because singer Josh Groban made a skit singing Kanye West’s tweets. It wasn’t a dispute but the issue was could a person’s tweets be copyrightable because “tweets” are considered original. They said it could be looked at as “fair use” though.

The third podcast discussed Disney appealed a case with Jack Kirby who sent notices terminating copyright to both Marvel and Disney over movies and TV shows that have been made based on characters he created or co-created. The copyright claims against were over such iconic characters as Thor, Iron Man, Incredible Hulk and others. They discuss in the podcast about how the issue is over how much control he had in the creation of the characters because he was work for hire and how much input he had is up for debate. They also discussed a trademark/copyright case about The Wizard Of Oz being safe in public domain because a company called AVELA recreated posters, lunch boxes, and other nostalgia items. Warner Bros. however argued over the characters and copyright issues because of the film even if the original products were based off the book. Another case that was discussed in the podcast involved Shaquille O'Neil. Shaq brought a case against Michael Calmese and True Fan Logo, Inc. for trademark infringement, unfair competition, and right of publicity. Calmese and his company registered a domain name as well as tried to have a cease and desist issued to ESPN when they aired commercials featuring Shaq and a cactus over the "Shaqtus" name. The end result was Shaq won the case because of the "Family Of Marks Doctrine".

The results of these podcasts had me thinking for my business, copyright is really a major issue that needs to be covered so that no lawsuits are ever taken up against us. Anything that is sampled needs to be cleared up before release to the public. Also, if any producers, writers, etc. help with a project that for hire like the Jack Kirby v. Disney/Marvel Case there needs to be a detailed contract on ownership and payment laid out before any progress is made for the project to be released.

References:

Firemark, Esq., G. P. (Performer). (2010, August 25). Episode 13: copyrights, trademarks. fair use and net profit suits [Audio podcast]. Entertainment Law Update. Retrieved from http://www.entertainmentlawupdate.com/2010/08/episode_13/#more-624

Firemark, Esq., G. P. (Performer). (2011, January 26). Episode 17: can kanye write songs 140 characters at a time? [Audio podcast]. Entertainment Law Update. Retrieved from http://www.entertainmentlawupdate.com/2011/01/episode-17-can-kanye-write-songs-140-characters-at-a-time/#more-691

Firemark, Esq., G. P. (Performer). (2011, August 19). Episode 23: monkeying around with copyright law [Audio podcast]. Entertainment Law Update. Retrieved from http://www.entertainmentlawupdate.com/2011/08/elu-episode-023-monkeying-around-with-copyright-law/#more-771

Artist! I Sue You!

First off, I'd like to say I thought the title of this blog post with the picture was funny because when I found out the blog post I had to do this week dealt with legalities, I instantly thought about rapper, Lil' Wayne. It seem's like over the past couple years he's been constantly sued against over sampling issues, not paying the producer, or other song related issues. Everybody was choosing to sue Lil' Wayne as if he was a Pokemon lol. I really don't understand how artist can go about stealing another artist lyrics, not pay a producer for a beat, or not clear sampling issues over a song. It's only the 1st day of class & I've already learned a lot from this class about the importance of having legal counsel, Copyright, Trademarking, and just Entertainment Law overall.

One of the current lawsuits against Mr. Carter is with producer Darius Harrison (a.k.a. Deezle) over the sales of "Lollipop"single as well as other tracks off his Tha Carter III album. The article on MTV states that "According to TMZ, the $20 million lawsuit claims that Deezle, who says he produced "Whip It," "Prostitute 2," "Action," "Mrs. Officer" and "Let the Beat Build" as well as "Lollipop," is entitled to his cut of royalties on the reported $70 million the album has grossed on sales of 6 million copies." The article also mentions how the producer previously sued Lil' Wayne and his Young Money/Cash Money company over unpaid royalties for his "Mrs. Officer" track that featured singer, Bobby Valentino.

Lil' Wayne also currently has a lawsuit in the works over "How To Love" track off his newest album "Tha Carter IV" (Album was released today Mon. Aug. 29th), he's been sued over his Young Money Collabo track "BedRock", his "I Feel Like Dying" track, and other tracks with different producers and artists. I don't know if it's Lil' Wayne himself that's not making sure these people aren't getting their royalties, his management team, record label, or if people are wanting to just feed off the hype of Lil' Wayne but I personally think something needs to be done, that's why it's important to have legal counsel and contracts for all agreements and issues between parties.

In other Entertainment Business lawsuit news, rapper Pitbull is being sued by actress Lindsay Lohan over a lyric that Pitbull used in one of his tracks. The lyric in question states “Hustlers move in silence, so I’m tiptoein’, to keep blown’/I got it locked up like Lindsay Lohan.” In the article on Allindstrom.com it mentions how "This is part of the well-known track “Give Me Everything,” which features Ne-Yo and Afrojack" and that "Lohan, filing under Stephanie Ovadia in New York, has alleged that Pitbull & Co. are defaming and exploiting the Lohan name, while causing her distress and pain. That is why she’s demanding an injunction." Everyone in the entertainment industry knows that both music, movies, and TV use spoofs and/or lines that may have double meaning for something else. I mean what if rapper Yung Berg sued every time a rapper uses a line about him being slapped or having his chain snatched? Or Ne-Yo every time somebody talks about him being bald & always wearing Hat?? Plus what about all the Lindsay Lohan/Coke references that are used in lyrics these days? I don't see her suing Young Jeezy & Fabolous over "White Girl (Remix)", My message to Lindsay Lohan, "Get Over It!"

The next legal issue for discussion is Jay-Z & Kanye West aka "The Throne" being sued over their bonus track "The Joy" off their debut collabo album "Watch The Throne". The issue here is over a supposed uncleared sample, the article states

Veteran soul singer Syl Johnson recently came upon Jay-Z and Kanye West’s “The Joy,” included on the deluxe edition of Watch the Throne, but was surprised to hear an uncleared sample from his song “Different Strokes” used on the track.
According to an official statement from Numero Group, Island Def Jam originally contacted the label to clear the sample for a deluxe version of My Beautiful Dark Twisted Fantasy. But after the deluxe version failed to surface, Johnson was shocked to see the song on WTT and the wrong copyright holders credited in the liner notes.


In my opinion, this is just like the Lil' Wayne issue, don't know if it's the artist or the label's fault but if beats are going to be sampled (Most beats contain some kind of sample), make sure the right channels are gone thru to make sure the creator of the original track that was sampled is paid. This is important because when tracks like "The Joy" and countless other tracks that use samples go on to be placed on top selling albums as well as become top charting singles, there are going to be repercussions for the artist who didn't make sure the sample was cleared.

If and When my company comes into fruition, I will make sure my clients/artist have legal counsel to help make sure all producers and samples are properly paid for, even if it means I have to contact the person myself.

Thanks for Checking Out another blog from ya boy Smilez! I'm Out!
Follow Me: @MuzikMan88


References

Lil' Wayne Sued By "Lollipop" Producer

Lindsay Lohan v. Pitbull

The Throne sued over "The Joy"

Importance Of Social Networks

Personal Websites, Twitter, Facebook, MySpace, Blogs, Ooovoo, YouTube, UStream, etc. Social Media has taken over society. If a person doesn't use at least one of these social networking tools, they're seen as lost in what goes on in society. Me personally, I have this blog, twitter, Facebook, a YouTube Page, and a UStream account. In the music industry, it's like a priority to use these sites in order to stay relevant and have a connection with the fans. In an article on Social Media Today's website it mentions how with marketing "Using social media can not only increase reliability and build the image, but also effectively increase revenues and increase the number of customers." This also relates to artist in the music industry because it increases an artist visibility, can build their image, increase the number of fans, and can increase their revenue in terms of album sales and concert sales. Artist like Diddy has used social media to increase his brand and the sales of his many business ventures such as his group, Dirty Money; Ciroc, and Sean John. An article with Black Enterprise stated that Ciroc experienced a 552% brand growth " (Yes, you read correctly: 552%.) The brand’s exponential surge is attributed directly to Diddy’s involvement. After Diageo—the parent company for the liquor—partnered with him, featured him in several commercials and named him current brand manager and chief marketing officer in 2007." In the article it states some techniques that with the use of social media, can help propel one's growth: Be the face of the Brand, Cross Promote with Lifestyle Integration, Consistency and repetition is a must, Authenticity Sells, Provide A Quality Product, and Give to Receive. After reading about these techniques, I learned that any artist can take what Diddy has done with Ciroc and do the same thing for themselves using social media. To sum it up in order to be successful using social media in the music industry Stay relevant!, Stay connected!, Stay engaged!, Stay sharing!, Stay interactive!, Stay networking! and Stay Fresh!

To further drive the importance of Social Networking, I've attached a link to an interview with Chaka Zulu, Ludacris' Manager and Business Partner with DTP Records.

Check out the Link Below:

Chaka Zulu Speaks On Social Networking

For More Info on the Importance Of Social Media & THe Music Industry Check Out: Social Media Success: The Music Industry

One Man, Many Jobs

When it comes to being a businessman of many hats, Dallas Rapper/CEO J. Rhodes is the true definition of an all around business man. WIth two appearances on MTV to speak with rapper Wiz Khalifa and production duo David Banner and 9th Wonder, a mix tape titled "The Talented Mr. Rhodes", his own record label, and upcoming collaborative project called "Taylored Rhodes" with female rapper Ni-Taylor in the works, J. Rhodes is definitely a man that lives a busy life. I got the opportunity to ask him a few questions about what Artist Management is to him and some of things that go along with it such as the PR, Promotion, and the actual management part. Check out his answer to the questions below.


Q: What are your all your current titles?

A: CEO/Producer/Artist/Father. I wear many hats.

Q: What is the name of your company/record label? When was it started?

A: 80's Baby Ent., Established in 2009.

Q: What is Artist Management in your opinion?

A: Being that person in the fore front guiding an artists' career. The person that always is looking out for the artists' best interests.

Q: What is A&R & what does it take to be an A&R in your opinion?

A: The Person on the label with the foresight on the street level. They have to know a song is a hit an artist is a start before anyone else.

Q: What is the meaning of Promotion in your opinion?

A: Getting a product or brand to the masses by any means.

Q: What is the meaning of Publicity in your opinion?

A: Exposure to the masses weather positive or negative.

Q: What does it take to manage a record label and artists?

A: Hard work, A big picture lens, & patience

Q: What are your personal goals for your career?

A: With me being a Producer/Artist, I'd love to reach the success of a Kanye West.

Q: What are your goals for your record label and artists?

A: I want our label to become the new aged Motown, & I want everyone of our artists to reach their full potential and become world wide names.

Check Out His Website, Twitter, & His Video for his new single "Uber"..."Uber (Remix)" coming soon!!

DJ Khaled Breaks Down "We The Best Forever"

Deal Making Interviews

Name: Cynthia McCarty

Industry: Entertainment

Job Position: Manager to major artists

Description of Position: I manage day to day activities, appearance/performance negotiations for my artists

1. How Important Is Making Deals Important to you and/or your position? Explain?
~Very important, making the right deal the right way plays a big role in my work ethic and builds lasting relationships with others in the business.

2. How do you deal with negative emotions when making deals?
~I try not to work/deal with those types of people who bring negativity to the table.

3. What is “Positional Bargaining” to you?
~People who use their status to get what they want/or offer you a certain rank to get you to do what they want.

4. Have you ever used or dealt with anybody that used dirty tricks or tricky tactics to get a deal accomplished? Explain?
~Yes, I no longer work with those individuals. I base my business dealings on honesty and integrity; no deal is that important to lower my standards or compromise my integrity.

5. How do you think being affiliated with someone or a certain brand affects business deals?
~The world teaches us that its not what you know but WHO you know. I don’t name drop and don’t like people who do.



Name: Brandi Browne

Industry: Radio

Job Position: Market Program Director for WIMX MIX 95.7/WJZE HOT 97-3 in Toledo, OH

1. Making deals are pretty important when it comes to pleasing my listeners but
promotionally. Having the support of the records companies as it relates to the hottest cd’s, trips, and great prizes which usually comes with the artist most of the time. The records companies love to execute promotions because of the big exposure that their artist will get. We on the other hand love them as well because that is another way to boost rating.

When it comes to making deals as it relates to community involvement it is always some type of deal. Basically if you support my event and help out with your street team and etc. then I will support yours. It’s an understanding between the parties and it continues and we build relationships with those organizations, companies, and etc.


2. Dealing with negative emotions is actually pretty simple. Being a great
listener is pretty important when emotions are involved. Keeping a leveled head
and staying professional at all times is the key to success. Loose your cool and
you could possibly loose the deal. I believe that stand your ground professionally
but there is more than one way to skin a cat. Always have a backup plan.

3. Positional bargaining is when my record reps comes in to visit me and want you
To add a song that is getting no activity. It’s usually very hard for a new artist to get attention from Program Directors because I believe in the charts. I have many that I go by and a consultant who does an independent survey on the artist,
movement and holding or staying power. It’s always a back and forth effort
because they have to get their records played. (I had a rep bring a record to me
3yrs ago and I didn’t feel that it would be a hit at the time but another rep came
back to me with the same record and it sounded different at that time and I felt
it was time for it) It became a huge hit for the artist “Noel Gourdin”. New artist then but not now. Great story!




4. Of course I have and those are the people you don’t deal with because of their
business ethics. People who are cavalier when it comes to dealing with you
will eventually get you into a lot or some trouble which could ruin your
position and they definitely will try. What I have learned when dealing with
this type of individual or company you have to choose your battles. If its worth
it then we have to figure out a way to make it work for both parties.



5. It will affect it negatively or positively. I would prefer positively because you
would like to be in a position of power for a long time. I always want when I
hire someone that it would be a individual that would bring something to the
table that would help me in my business dealings. Of course its not always the case
because individuals will say anything to get the job. Its important to get references,
and do a back ground check on the person so that you will not messed up any deals
you have worked hard to accomplish.

Interview: Best Of Both Offices

In part 1 of our interview we talk with Young Sav and Steve-O. They help run the radio department in Def Jam and own Best Of Both Offices. In the interview we talk about how both got their start and how they created the Best Of Both Offices brand. We also talk about how they helped “guide” Rick Ross career.







In part 2 we talk the relationships between the BOBO team and the blog game. For those that know, Savv and Steve have really made an effort to include the blogs in the promo campaigns for their artists (conference calls, web content, etc.). We then talk about their relationship with Rik Cordero, and branching out to film.


Follow Them @YoungSavv and @StevoBOBO