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Sunday, March 9, 2014

Lawsuits, Music, and Wigs…Oh My!

The music industry would not be the music industry without someone suing an artist over anything from sampling to copyright infringement. This topic will discuss some of the lawsuits that have affected some of your favorite artists in the past few years. They range from sampling issues to creative design. Take a look and let me know your opinions on the suits and if you think either party has a leg to stand on!
In October of 2011, Syl Johnson, soul and blues musician filed a lawsuit against rappers, Jay-Z and Kanye West, for using a sample from his song “Different Strokes” in a song on their album “Watch the Throne.” Kanye initially wanted to sample the song for his album but was unable to obtain clearance for it. Instead, they used it for their joint album. Jay-Z and Kanye fought the lawsuit on the grounds that copyright laws, due to it being recorder prior to 1972, did not protect Johnson’s song.  This is because the Copyright Act was not amended until 1976 and did not cover the recordings of sound. The case was dismissed and settled in March of 2012. No further information was provided.
In this situation what should Johnson have done? His first thing should have been to do his research, learn the new law, and copyright his song once the new Copyright Act of 1976 was passed. This would have given him more of a foundation. I am unsure if he received any money for this lawsuit but he may have gotten out of just getting a settlement. It’s always best to stay up to date on the laws and know what amended laws cover or no longer cover. This will help protect you and your business.
Anyone that knows Nicki Minaj knows that she wears some of the craziest outfits and wigs in the industry. Terrence Davidson says that he is the man behind those wigs. Davidson used to work for Nicki Minaj as her wig designer before he quit. He had been working with Nicki Minaj since 2009 and had hoped to work with her in developing a wig line.  It seems as though Nicki started the business on her own. You can see the wigs here http://nickiminaj.shop.bravadousa.com/Dept.aspx?cp=56249_58072. No settlement or response from Nicki Minaj or her attorney’s has been made at this time. For the full complaint please visit http://time.com/9060/nicki-minaj-wig-lawsuit/.
This could be an open and shut case if Terrence Davidson trademarked his work. He has the images, which shows what work he has done for Nicki. Luckily these will help seal that the wig designs on Nicki’s site are indeed replicas of his work. Where I think he may have overshot his suit was asking for $30 million dollars. Although, Nicki Minaj is one of the largest female rappers out right now, asking for $30 million from her is a little far fetched. Many people do not realize that a lot of the artists are not “rolling in the dough” as they may think. They have bills to pay as well. Davidson should lower his amount. However, people always say start big and negotiate down to what your bottom line is.
Remember the summer hit “Blurred Lines” by Robin Thicke? Well, the family of Marvin Gaye felt that it sounded all too familiar. Robin Thicke along with writers Pharrell and T.I. knew that the Gaye family would eventually try to sue based off of claims that they were making and filed a lawsuit in an attempt to catch it.  The Gaye’s countersued and stated that the song was copyright infringement. The company also sued EMI, a Sony music company that was the music publisher for Marvin Gaye and now over Robin Thicke. They felt as though EMI did not protect the Gaye’s estate as they were supposed to. This lawsuit stated that Robin Thicke’s song was very similar to that of Marvin Gaye’s “Got to Give It Up” along with a few other songs that they felt were infringed upon. A settlement was reached in January of 2014 between the Gaye’s and EMI. However, one has not been reached with Robin Thicke and the family.

Further research into this case showed that Robin Thicke might have thrown himself under the bus for this one. Documentation of interviews that the Gaye family has records of show that Robin Thicke made ‘Blurred Lines’ after hearing Marvin Gaye’s song. They wanted to make a song with that same feel good vibe. That’s how they came up with the song. This implicated Robin, Pharrell and T.I. and set them up for a lawsuit. EMI should have mentioned this to Robin Thicke due to them being over the Gaye family as well. They knew of both songs and could have caught the similarity and stopped it from the beginning.
Research the articles and let me know your thoughts!

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