2012 Intellectual Property Lawsuits

The three articles I chose to research and speak about are: “Trayvon Trademark? An ATL Debate,”  “Fake Filesharing Lawsuits? Dang, That’s Devious,” and  “Kenny Rogers accuses Capitol Records of failing to account for digital music sales.” I chose these recent articles because they speak of aspects that are needed for a startup business.   

The first article is a trademark filling for Trayvon Martin. His mother secured the application for “I Am Trayvon Martin” and “Justice for Trayvon.” I found this to be very interesting and wise as a mother who has lost her son. Though the circumstance of Martins’ shooting ended with his death, his case has received national attention and is creating a movement amongst African-Americans and people of different race. In the article “Trayvon Trademark? An ATL Debate,” the trademark is described as a great strategy of preserving the memory of her son and preventing random people or companies from profiting off of his death. This action means a lot in the business field or Entertainment Industry because one of the first steps once a name is established or logo is established; is to have it trademarked so that its likeness is protected. Even though this case intention was not geared towards profitable gain, it provided a great lesson in understanding that what is unique should be protected.

The second article “Fake Filesharing Lawsuits? Dang, That’s Devious” expounds on a copyright infringement. The case alluded to how individuals are using false copyright lawsuits to impact the Entertainment Industry. This problem is rapidly growing and creating distrust in the Music Business. Just as piracy continues, this is another aspect that individuals are now using to get over the Entertainment Industry. It was stated that as the federal government ceased the site Megaupload in January, that a fake law firm began emailing people “…claiming there could be financial implications for those who used file-sharing site Megaupload for infringing activities. For the past several days a fake law firm claiming to act on behalf of entertainment companies such as Universal, Sony, EMI and Paramount has been claiming cash settlements from innocent victims.” This is a very interesting case because it shows how important it is to pay attention to details. There has not been a solution to this case as yet however; it is now an additional problem that the Entertainment Industry must face. 

The last article is also focused on copyright infringement. Except this issue regards an actual breech in contract. Artist Kenny Rogers filed a complaint to defendant Capitol Records, LLC a division of EMI Music North America, LLC. The copyright infringement is concerning the case of the defendant not paying proper amount of royalties from the licensing of master recordings. “This action for breach of contract, breach of the duty of good faith, and fair dealing, unfair competition, an accounting, and a declaratory judgment against Capitol Records arises from Capitol Records‟ willful and knowing failure to properly account to and pay Kenny Rogers royalties, pursuant to written agreements, with respect to certain master recordings (the “Masters”) of the musical performances by Kenny Rogers.” He is requesting that Capitol Records pay an amount that equals up to 50% of their net royalties. It seems that from his first agreement in 1975 and the affidavit in 1977 with some of his greatest hits such as “The Gambler” and “Lady,” the record company was not properly paying out royalties. An audit request was asked from Kenny Rogers to Capitol Records on April 17, 2007 however, the company had refused to solicit “…cash receipts from all digital download and ringtone licensees during the [e]xamination [p]eriod.” In a preliminary audit it showed that Capitol Records was in underpayments of up to $400,000.00. This case just shows the importance to copyrighting intellectual property and ensuring to have clerical support.

Work Cited:

Christopher Danzig, Fake Filesharing Lawsuits? Dang, That’s Devious, March 2012. Retrieved March 26, from http://abovethelaw.com/2012/03/fake-filesharing-lawsuits-dang-thats-devious/

Ray Beckerman, Kenny Rogers accuses Capitol Records of failing to account for digital music sales, February 2012. Retrieved March 26, from http://beckermanlegal.com/Lawyer_Copyright_Internet_Law/rogers_capitol_120213Complaint.pdf

Can Music Businesses Earn A Living in 2012, With The Lack of CD Sales?

By: Hanna, Troika

I was searching on the web and stumbled across a video interview that speaks about the Music Industry in 2012. The interview was on Pat Bishop who is Director of the Entertainment Business Program at Full Sail University. She gives great detail about how the Music Industry could not be more striving and open for growth in the industry. The world is consistently being enhanced by entertainment and music. She mentions how students at Full Sail University are being prepped to enter the Music Industry as an artist, manager, utilizing music in the booming Gaming Industry, Publishing, Online or Digital presence and other areas.

So when I looked at the question to myself, is it possible for me as a Jazz musician to earn a healthy living even though CD or record sales or low. The answer is an astounding YES. The old business model showed that musicians or music entrepreneurs earned their revenue from record sales, publishing, merchandise and concerts. Now because of technology and the popularity and need for entertainment, there are numerous ways of bringing in income. Pat Bishop gives several examples. She speaks of the company Music Today strives and has attained sustainability because they provide services to the Music Industry in several different areas. Each area requiring either musicians like myself or business workers to operate the specific functions such as managing fan websites, building social networks or enhancing the digital presence and sound of an artist.

In addition, it was quite interesting to hear that today’s musician does not need a record label anymore to “Have Made It.” Studies have shown that numerous companies such as sports networks, TV programs, Radio shows and even the Gaming Industry need new music to enhance their product and brand. So is their hope for an artist or musician to earn a living, YES. The only thing is, we now have to think outside the box and look at the different industries that music is now affecting and enter into those markets. 

Work Cited:

(2008). Pat Bishop is Director of the Entertainment Business Program at Full Sail University.

http://www.artistshousemusic.org/videos/the+music+industry+in+2012+what+will+it+look+like 

Today's Independent Artist

The Indie Music Scene Today…

By Troika Hanna

When we talk about the music scene in the year 2012, some may say that it is on a down hill slope. However, it is just the reverse for independent artist. This could not be a more-better time for an independent artist to strive for their goals in the Music Industry. Statistics show that more than ever social networks have aided in the support of indie artists just as Major Record labels. A indie artist is able to appeal to management in the music industry because there fan base through social networks have enhanced their exposure, help artist work on their existing image, allowed indie artist to stay connected in trends, and the ability to create a name through less financial expense.  

In addition, it depends on what city specifically an independent artist is currently focusing his or her career in the music industry. An article in Digital News gives statistics on the top 15 cities. 

“Turns out that location still matters after all, but which locations matter the most?  That's a tough question, but when it comes to the music industry, we looked internally to find the largest, densest industry populations.  Accordingly, we tracked IP addresses on Google Analytics (anonymously) for the past one million unique hits…” (http://digitalmusicnews.com/stories/052511cities)

1. New York (12.23 % of the past 1MM unique hits)

2. Los Angeles (10.43%)

3. London (3.55%)

4. San Francisco (and Oakland) (3.24%)

5. Nashville (1.55%)

6. Boston (& Cambridge) (1.55%)

7. Chicago (1.44%)

8. Seattle (1.22%)

9. Toronto (1.16%)

10. Atlanta (0.96%)

11. Paris (0.85%)

11. Austin (0.84%)

12. Birmingham (UK) (0.81%)

13. Washington, DC (0.78%)

14. Sydney (0.72%)

15. Philadelphia (0.72%)

This information is very useful because through research of demographics and location management in the Music Industry are able to determine what cities should be geared for music tours, marketing/advertising, and sales.

Another great concept with the Music Industry scene today is the ability of indie artist to be versatile in other skills and talents. The average indie artist today can now play several different instruments, read music, and posses social skills of communication from there daily interactions with social networks such as Youtube, Twitter, and Facebook. In the book This Business of Artist Management, it gives examples and illustrations how through the advancement of technology, increase opportunities of multimedia exposure—television, print, social networks, and show business allows a independent artist to be diversified and more well-rounded.