Entertainment Law is so important in the music industry. It’s the business foundation holding up all the artistic endeavors both individuals and companies embark on. Signing contracts, committing to service, borrowing money, or using other people’s intellectual property are some of the issues addressed by Entertainment Law. I’ve selected three current articles relating to Copyright Law, Trademark Law, and Patent Law. Each are in the music industry.
The first article has to do with Copyright Law. On March 10, 2015, the jury reached a decision in the Blurred Lines trial and awarded the estate of Marvin Gaye $7.4 million. “The case centered around allegations from the estate that Robin Thicke and Pharrell Williams, when writing their hit song, infringed upon Marvin Gaye’s Got to Give it Up” (Bailey, 2015). This has been going on for a couple of years and will probably continue. I think this is significant because it has to do with the written music and not the performance. Though someone wants to get an “oldie” sound, they have to be careful not to copy something without permission.
The second article has to do with Trademark Law. The superstar rapper and wealthy hip-hop musician filed a trademark infringement lawsuit against the creators of a humorous new Kanye West-themed digital currency called "COINYE" that is not something Kanye West gave permission to do. “The logo for the currency, which is bought and sold over the Internet, features a cartoon version of West wearing his signature ‘shutter shades’” (Dillon, 2014). Kanye says this is hurting his brand and wants them to stop using his brand to promote their company. It turned out that Kanye buried the Internet coin parody only months after it started (Schneider, 2014). It’s important to Trademark you name and not let someone try to misuse it.
The third article has to do with Patent Law. In February, a federal jury in Texas ordered Apple to pay $532.9 million to Smartflash LLC to compensate the company for infringing on three Smartflash patents in Apple's iTunes music software. Smartflash claims that Apple violated its patents in iTunes relating to digital rights management, inventions related to data storage, and managing access through payment systems. Apple is taking this to higher courts, but it looks like they will have to pay. This is a reminder of how important it is to check existing patents and to establish your own. However, I don’t think Apple will be set back much considering it makes more money every month ($25billion) than the entire recorded music industry does in a year ($15billion).
References:
Bailey, Jonathan (March 11, 2015). Living in Blurred Times. Retrieved on November 29, 2015 from: https://www.plagiarismtoday.com/2015/03/11/living-in-blurred-times/https://www.plagiarismtoday.com/2015/03/11/living-in-blurred-times/
Dillon, Nancy; Beekman, Daniel (January 14, 2014). Kanye West sues COINYE, themed digital currency, over trademark infringement. Retrieved on November 29, 2015 from: http://www.nydailynews.com/entertainment/music-arts/anye-west-sues-coinye-themed-digital-currency-trademark-infringement-article-1.1579164
Ingham, Tim (February 25, 2015). Apple ordered to pay $532.9m in iTunes patent infringement trial. Retrieved on November 29, 2015 from: http://www.musicbusinessworldwide.com/apple-ordered-to-pay-532-9m-in-itunes-patent-infringement-trial/
Ingham, Tim (January 29, 2015). Apple makes more money every 3 weeks than the entire recorded music industry does in a year. Retrieved on November 29, 2015 from: http://www.musicbusinessworldwide.com/apple-makes-more-money-every-3-weeks-than-the-entire-recorded-music-industry-does-each-year/
Schneider, Marc (July 17, 2014). Kanye West Buries Coinye With Lawsuit Victory. Retrieved on November 29, 2015 from: http://www.billboard.com/articles/news/6190174/kanye-west-buries-coinye-with-lawsuit-victory
