Entertainment Law Update Podcasts

Monkeying Around with Copyright Law

 Many people find themselves in trouble when proper procedures are not followed when it comes to understanding copyright laws and the legalities involved. Copyright owners are fighting back when their materials and trademark names are being used without the proper authorizations. It was interesting to learn how Shaq the basketball player who played at the time for the Phoenix Suns in 2008 filed a lawsuit against a man named Michael Calmese for trademark infringement. Mr. Calmese improperly used Shaq’s trademark name “Shaqtus” on different items sold on his website called True Fan Logo Inc. According to Nick Divito, “Shaquille O'Neal's company wants a businessman to stop selling items over the Internet that feature a cartoon character of the basketball star in the form of a cactus. The character plays on O'Neal's nickname as "The Big Shaqtus" after his move to the Phoenix Suns in 2008” (Divito, N., 2010). The Nevada court ruled in Shaq’s favor based on the 8 factors of trademark confusion. The Nevada court determined that Mr. Calmese purposely meant to cause confusion to the public. The final decision by the court demanded Mr. Calmese from continuing to sell Shaq’s trademark name made on items over the Internet, and ceasing the domain name shaqtus.net.  

Preparing for my own business plan of an artist management company, it is important to know the laws to follow for proper authorized permission from a copyright owner when I want to use an owner’s copy written material. An artist management company many times uses promotional advertisements using photos, videos and music on their websites advertising materials of artists to inquire customers from the music business. On the Internet I have found information from a company called Verdict Management who has a professional staff in helping entertainment businesses like mines with services helping with legal issues, business plans, and all other genre’s needed. An important advice I will follow is staying on top of current IP laws when it comes to my business. (Episode #23)

Divito, N. (2010). Shaq wants man to quit using “Shaqtus” mark. Retrieved September 24, 2011 from http://www.clublakers.com/nba-discussion/shaq-wants-man-quit-using-shaqtus-mark-t118631.html

Firemark, G.P., (2011).  Entertainment Law Podcast Episode #23. Monkeying around with copyright law. Retrieved September 24, 2011 from http://www.entertainmentlawupdate.com/

Record Labels to pay $47.5 Million

            It sounds strange to hear record labels preparing trust accounts to pay legal fees for possible future lawsuits against them for illegal copyright infringement usage. In Canada the courts have had several incidents where some Canadian record labels have taken on a new type of action to prepare themselves for possible lawsuits from copyright owners. The record labels would put away a substantial amount of money in a bank trust account in case their appellants would win. Additionally, the labels would try to settle for $47.5 million if their company was ever taken to court for using other songwriters music unauthorized and not paying out royalties. The courts saw this as being unethical as a business, and had determined that the labels did not do a good job in locating the copyright owners. The question had risen “should this type of action be allowed without some kind of repercussion behind it”? The courts in the U.S. also had seen this same type of behavior from record labels doing the same unethical action. In 2008 the United States courts had implemented a new penalty called “Timely Paying Mechanics” penalizing record labels from their intentional copyright infringements. The U.S. courts feel also that copyright owners need to stay on top of their materials to keep the unethical actions from continuously rising.

Good advice would be to always keep up with any copy written materials a business or person copyrights. A business or a person never knows whom maybe taking advantage of their works and making money that really belong to the rightful owner. I will make sure that anything that I copyright for my business will be properly registered and implemented in my business plan. What I’ve learned online is that there are plenty of lawyers who are knowledgeable in helping me with my business to stay in compliance with the law. (Episode #17)

Firemark, G.P., (2011). Entertainment Law Podcast Episode #17. Record labels to pay $47.5 million. Retrieved September 24, 2011 from http://www.entertainmentlawupdate.com/

Tribute Band Names

            Popular artists from around the world have been imitated for their style and music. Las Vegas is the capital where a person can go see some of their most favorite look alike artists or band being played by other people who can sound and look like the original artists. However, some artists do not allow their name brand to be paraded out in the limelight without proper consent. For example, a popular band called Aba notified all tribute bands to stop using their trademark name, and change the tribute band name writing cease and desist letters at this point. Another band who had been against their trademark name being used were the world famous Beatles. The Beatles heard about a show they hated called “The Beatles Mania”. The Beatles filed a lawsuit against Apple v. Liber who created the tribute show in 1986 for publicity violations and unfair competition. The defendants claimed that the first amendment gave them the right for fair usage. The courts examined the reasoning and laws that helped support the defendants claims and found that the show Beatles Mania was not allowed to use the name Beatles due to commercial exploitation.

The best advice I believe in this kind of situation is that no business should allow anyone to use his or her brand name any kind of way. Protecting a name of a business by an owner helps keep it’s value and identity free from possible defamation damages.  For my business plan, I will make sure my business name and logo is properly protected. It is best in making sure anyone who wants to use my business name for promotional purposes will have to get my consent. The Internet is full of prying hackers waiting to find people who have no knowledge in understanding the laws. For me, my business name is who I am, and I must represent my business in the most professional and honest company my customers can trust. (Episode #12)

Firemark, G.P., (2010). Entertainment Law Podcast Episode #12. YouTube, Hurt Locker, Idea Theft & More. Retrieved on September 24, 2011 from http://www.entertainmentlawupdate.com/