Legal Liabilities in the Music Industry

           There are legal issues happening everyday and the music industry is not exception to the law. From illegal music sampling to illegal downloads there are many legal issues that artist, managers, publishers and record companies face each day. The following articles outline legal controversies that have happened more recently in the music industry. As I continue to work toward building my artist management company, I will learn from the mistakes that have been made and apply these lessons to my business.

            In the article, Music industry considers lawsuitagainst Google over piracy search results. This article discusses that the Recording Industry Association of American (RIAA) and the International Federation of the Phonographic Industry (IFPI), are privately considering an anti-trust lawsuit against Google (Couts). These organizations do not think that Google is doing enough work to stop sending traffic to piracy sites, like the Pirate Bay. The document against Google states, “Google continues to fail to prioritize legal music sites over illegal sites in search results, claiming that its algorithm for search results is based on the relevance of sites to consumers” (Couts). Illegal downloading is a never-ending process when one site gets shut down another opens. I imagine that is difficult for Google to keep up with all the sites being uploaded every hour of everyday.

            In the article, Pharrell Williams vs. Will.I.Am:What to Know About This Trademark Fight. The trademark feud was over whether or not Will.I.Am had the rights the term “I Am” as Pharell Williams attempts to register “I Am Other” (Gardner). William’s I Am Other Entertainment launched a lawsuit in federal court against William Adams and his I.Am. Symbolic company. The lawsuit seeks a declaratory judgment of trademark infringement (Gardner). Unfortunately for Will.I.Am, “The I AM formative is diluted in the music industry, and Defendants cannot prelude others from using the phrase especially when it is used in conjunction with additional, distinctive words” (Gardner). This article points out the importance on doing all your research when using words as trademarks and making sure it so 100% protected from other people being able to use similar words. 

            The article I will discuss also pertains to Will.I.Am and his group the Black Eyed Peas. In the article, Black Eyed PeasSued for Willful Copyright Infringement by Artists from Chicago and Texas. Two separate lawsuits filed recently again the Blacked Eyed Peas, their record label and publishers, including UMG Recordings and Interscope Records. There are two songs in the lawsuit “I Gotta Feeling” and “Boom Boom Pow” both songs are claimed to be owned by other people. “Both Complaints allege that the Defendants UMG Recordings, Interscope Records and members of the Black Eyed Peas engaged in a pattern and practice of international copyright infringement with respect to the unlawful copying of sings in unknown or lesser-known artists. It is public knowledge that there have been multiple copyright infringement cases or claims brought against the Black Eyed Peas within the last year” (Canfield). “A simple listening to the songs will expose them as having been copied and being ‘substantially similar’- the legal standard in copyright infringement cases” (Canfield). It is unfortunate that artist continue to make the same mistake over and over. The Black Eyed Peas could have prevented this lawsuit if they would have had sampling permission. A well know music group could help unknowns like the people filing this suit to get credit for their hard work.

References

Canfield, M. (2013). Black Eyed Peas Sued for Willful Copyright Infringement by Artists from Chicago and Texas. Retrieved August 9, 2013, from http://www.prnewswire.com/news-releases/black-eyed-peas-sued-for-willful-copyright-infringement-by-artists-from-chicago-and-texas-106137403.html

Couts, A. (2012). Music industry considers lawsuit against Google over piracy search results. Retrieved August 8, 2013, from http://www.digitaltrends.com/music/music-industry-considers-lawsuit-against-google-over-piracy-search-results/

Gardner, E. (2013). Pharrell Williams vs. will.i.am: What to know about this trademark fight. Retrieved August 9, 2013, from http://www.hollywoodreporter.com/thr-esq/pharrell-williams-william-what-know-578580