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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