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Sunday, March 31, 2013

IP Laws


One of the downside of any business is falling into legal liabilities. According to businessdictionary.com legal liabilities are obligations under law arising from civil actions (torts) or under contractCourts can only decided a legal liability even if the settlement is made out of the court by mutual agreement.  Businessdictionary.com state “liability insurance normally covers only the liability arising from torts and not from the contractual obligations.”  When a company fails to meet their responsibility, it leaves them open to a lawsuit for any arise damages.
In the Internet people can find podcasts related to IP laws that can help future managers to prevent legal liabilities. By the way I found some interesting podcasts about IP law that can give some feedbacks on dealing with liabilities. My first podcast is Bridging the Gap in Copyright Protectionof Symbols, Shapes and Letters. In this podcast, Thomas McNulty and Julia Mathis of Lando & Anastasi, LLP discuss copyright protection of symbols, geometric shapes, and letters. McNulty and Mathis discuss the difference between a copyright registration and trademark registration. They also discuss the importance of having these registrations to protect IP. Companies, record labels, and any other sort of business that have a logo and produce IP is important for them to have clear interpretation and knowledge of the IP law that protect them. My second podcast is episode 29- 360 deals, rights of publicity,and more. In this podcast the main discussion is about 360 deals v. the Talent Agencies Act. Erin Jacobson practices in Los Angeles, California where she represents musicians, songwriters, producers, companies, and other entertainment professionals discus the main issues with the 360 deals and the Talent Agencies Act of California. A 360 deal is a deal that allow the labels to either own or share in the profits from all areas of artists’ careers, including: music publishing, live touring, merchandising, sponsorships, endorsements, websites, fan clubs and their associated ads, literary rights, and acting. However this kind of deal can incur in violation with the California Talent Agencies Act. The California Talent Agencies Act demands any person who procures employment for an artist to become a licensed talent agent or agency by the California Labor Commissioner. If the person is not a talent agent or agency, it cannot procure employment for his artist. This is an issue that can be a problem for any label record including mine. A good solution for this matter can be hiring a licensed agent or agency that can book live show and events. The third podcast is Workers’ Compensation Claims for NFL PlayersCoping With Dementia. Even thou this podcast do not focus on my main business plan working in the sport world is a passion that I have since I was a young man. This podcast discuss climbing rates of depression, dementia and even Alzheimer’s disease linked with pro football careers and concussions. This is a great podcast because as a future athlete agent and manager is important to be concern about issues that can cost an athlete career and even more their lives. 

LEGAL LIABILITIES


Hi everybody my blog for this week is about legal liabilities cases in the music business. Legal liability is an obligation under law arising from civil actions or under contract. Even if a settlement is made out of the court legal liability can only be decided by courts. Some of the most common legal liabilities in the music business are using a sample from another song and use it in another song without the permission to use, shooting a person or a place for a music video without the consent of the person or place, and announcing an event that eventually does not occur. Legal liabilities are a real problem for any artist or public figure because they get expose to a public issues that most of the time ends with a lawsuit or a bad reputation.
Today I want to discuss three different legal liability cases in the music business that occurs every day. My first case is Don Omar lawsuit for using a yacht without permission for a music video. Don Omar is one of the hottest latin artist in the world and recently he was sue for using a yacht for his number one record “Danza Kuduro” music video. My second case is about the music producer Baauer and his Harlem Shake track. We all know how hard the Harlem Shake videos on Youtube has turn viral all over the world, but little we know about from whom Baauer took the sample voice for his Harlem Shake track. Baauer took some sample voices from Hector El Father. Hector El Father is one of the most famous latin urban artist. Hector El Father retire from the music world five years ago when he decide to become a preacher and leave his music career aside. Baauer without knowing that his Harlem Shake will become a number one hit all over the world do not have the permission to use Hector El Father voice. This is a problem because now Hector El Father can sue Baauer for using his voice or demand for all the revenues that the Harlem Shake can or has generate. My third and last case is about Daddy Yankee. Daddy Yankee is another latin urban artist sued for using others people songs as his. Daddy Yankee was sued for allegedly using another artist song and not give them credit nor paying royalties for using their songs.
All three cases have the same problem not having permission. One paper can change a person life forever. For Don Omar not having the permission to use the yacht became a problem for him because know he has to deal with the media and court about not having the permission even thou is not his responsibility for the permission to shoot the yacht. For Baauer using Hector El Father voice without permission will become a problem when Hector’s lawyers decide to sue him for using a sample voice without permission. For Daddy Yankee not having the permission to use another artist song had become a problem. Now he has to deal in court for using and enriching himself other people composition. When I saw and read all these cases about legal liabilities my first question was where was Don Omar, Baauer, and Daddy Yankee’s manager. The issues with the permissions are a responsibility of the manager. If I was any of these artists I will be mad with my manager for not taking care of his resposabilities.