“Lawyers, Libel, Logos and Lollipops”

Industry Expert Laws and Liability

“Lawyers, Libel, Logos and Lollipops”

Listening to this podcast regarding UMG v. Veoh case Gordon Firemark explains the issues relating to ISP infringement materials. In this case he point out that the very fact that UMG as actual knowledge of infringing on Veoh ISP without notifying the copyright holder of the ISP to infringe material. It all boils down to did YouTube know or did they know of the infringement material and what material should the copyright holder have to present to prove their case and what actual rights do they have to block access. However it all comes down to the 9^th circuits, will the 9^th circuit follow the 2^nd circuit ruling and in the end will the following case revile what ISPs should do if they discover copyright infringement.

The podcast also talked about Royalties dispute with the Universal and Eminem case. Now we all know that a lot of cases have been presented regarding digital downloads and actual sales when it comes to music. Artists have been fighting for a percentage of sales on digital download for years and feel that they have been ripped off from gaining their percentage from their album sales. This case brings light on said situation, the judge in the case blast UMG that they are knowingly bamboozling these artists by rewording document and using them against these artists in court. The Judge ruled that this court would not allow them to get away with it. So the court ruled that they will allow the defendant right to bring their complaint in the new amended case.

This case is all about license vs. Sales and we all know that as Artist we can get wrapped up in the glitz and glimmer and not really aware of what is really going on. It is always wise to have contract and sales agreement reviewed by a legal advisor before signing. The music industry is an industry that we always seem to find the most lawsuits when it comes to royalties and percentage of sales. Recording labels, have always piggyback off artist. As artist we have to educate ourselves of what is right from what is wrong, we have to know our industry, our rights and what resources are at our disposal before we engage in any new business. I have learned a lot over the past few years that you always need to have something in writing; you need legal advisors and never sign anything because it sounds good.

By Melisa Brown (October 20th 2012) 

Source:

Gordon Firemark - (2012) Entertainment Law Update Podcast – ITunes (Episode 32 – Lawyers, Libel, Logos and Lollipops (July 05, 2012)

Retrieved on October 20^th 2012 From ITunes & (www.entertainmentlawupdate.com)

Gordon Firemark - (2012) -Entertainment Law Update Podcast – ITunes (Episode 29 – 360 deals, rights of publicity, and more (March 29, 2012)

Retrieved on October 20^th 2012 From ITunes  & (www.entertainmentlawupdate.com)

Finnegan: IP Law Podcast Series – ITunes (Fashion Counterfeiters Put on Notice: Courts Grant Sweeping injunctive Relief in Tory Burch Case (November 01,2011)