Rhode Island Injury Lawyer Blog

The Black Eyed Peas insanely infectious song "I Gotta Feeling" has become the most downloaded song in history topping 5 and a half million legal downloads. I would venture to guess that the number of illegal downloads would bring the total number to well over ten million.

Itunes has also recently reported that it has sold ten billion downloads from its site. That lucky track belonged to Mr. Johnny Cash. These numbers, only a few years after MP3 became a household term, confirms that the music industry is forever changed. Think about it - 10 Billion downloads!

The Recording Industry Association of America would likely say that the internet has decimated the music industry due to piracy and illegal downloading of music. This is evidenced by the number of lawsuits against every day people who illegally downloaded a few songs off limewire or similar peer networks. I think it is preferable to say that the internet has reinvented the music industry. While big name performers and major record labels may feel their wallets tightening, artists and musicians across the globe can thank the internet for new opportunities that would never have been available before.

Social networking, Pandora.com, Myspace, Internet Radio, youtube, and sites like Itunes, offerring legal downloads allow anyone who has recorded a song or full length CD to become a professional artist. A savvy internet user can create buzz about their band and generate sales without the help of major record label or publishing companies. In fact, many well known artists are now publishing their own records and/or releasing albums solely online. With the right contacts and initiative, artists can also find commercial venues to license their music. No longer do artists have to wait and pray that a record label will somehow discover them and make them famous.

While it is easier to get one's music out to a larger audience, certain precautions still need to be made. It is imperative that you trademark your artist name, properly copyright your material (and I don't mean mailing a CD to yourself), and learn about music publishing and online distribution. If necessary, it is also helpful to have a band partnership agreement so that there are no disputes when the money starts rolling in or the lead guitarist decides to move to Vegas. When you've done all that - your may be off and running. Luckily, my office can help with all of this.

I have advised and represented many artists and I can help jumpstart your music career.

Continue reading "Black Eyed Peas Record Setting Download Confirms Music Industry is Forever Changed" »

I came across an important article in the Tennessean which pointed out the importance of registering with an organization that collects royalties for digital music, such as SoundExchange.com. With the emerging popularity of online radio and programs such as Pandora, it is absolutely imperative to have proper registration with a company entrusted to collect online royalties.

The difference between online play and traditional radio play, is that terrestrial radio is not required to pay royalties to musicians and artists who appear on a particular recording. Groups like BMI and ASCAP only collect and disperse royalties to copyright holders and publishers.

Recording artists sensing the dawn of a new musical venue were quick to ensure that they would be paid for online and digital play of their recordings. So while the bass player from a 1960's protest song may not have received royalties in twenty years, he may now find that the same song is now worth several thousand dollars in online royalties.

Many recording artists, however, have failed to register with SoundExchange.com and are potentially losing thousands of dollars. This particular article suggests that there is over $50 million dollars in unpaid royalties. Despite the best efforts of researchers and investigators it is often impossible to recover all the musicians who played a part on a particular track meaning their rightful royalty goes uncollected.

The Copyright Royalty Board has made SoundExchange the sole entity in the United States to collect and distribute digital performance royalties on behalf of featured recording artists, master rights owners (like record labels), and independent artists who record and own their masters.

Continue reading "BMI, ASCAP and now Soundexchange" »

General Larry Platt could never have imagined that when he auditioned for American Idol in Atlanta to sing a funny song of his own writing that he would create a phenomenon. Platt is the next in the long line of viral videos and entertainers to emerge from American Idol auditions...William Hung, anyone? The video of his performance, shown here, has already received several million views on youtube, spawned several re-mixes and found it's way into politics and the pop mainstream.

I'll admit that I laughed the first time that I heard the song. Today, it takes a step further into the world of entertainment law and that is where I become really interested. The song is being played everywhere and other artists are re-mixing it to their taste, yet General Platt has not received any money.

The song is not registered with the Copyright office. In fact, since the performance several people have attempted to copyright the song, but General Platt was not one of them. General Platt is keen to make sure that if anyone profits off of his song that it is him. He has hired an attorney to help protect his legal rights. General Platt will have to show that the work was an original and that he was the first to enter it into commerce. Luckily, given the popularity of American Idol, 50 million people can attest to the fact that General Platt was the first to introduce the song to the world.

The biggest challenge facing Platt will be to prove that the song was original. A pair of brothers from Detroit have already come forward stating that in 1996 they wrote a strikingly similar song called "Back pockets on the floor". The similarities between the two songs are obvious particularly concerning the lyrics, although, in my opinion, General Platt is the superior rapper. Unfortunately, for General Platt any royalties he might be able to secure might be lost to a copyright infringement suit from these two brothers.

General Platt has been asked to record a version of the song. Hopefully, he can receive royalties from this recording and make some money off of his effort before the song becomes a pop culture afterthought.

If anyone is considering singing original material on future seasons of American Idol, be absolutely sure to copyright the material first.

Finally, you have to give it to Simon - love him or hate he really can spot a hit maker. After the audition he says I have a terrible feeling that song is going to be a hit!

The music industry continues to be a hotbed for litigation. It's penchant for controversy is sometimes staggering. What's happening just this week:

A court today reduced the "monstrous and shocking" (Judge Davis' words, not mine) $2 million dollar fine imposed on Jammie Thomas-Rasset for illegally downloading 24 songs on the internet. Now the mother of 4 will only have to come up with a mere $54,000.00 or $2250 per song. Ms. Thomas-Rasset, unable to pay anywhere near 50 thousand, plans to continue her appeal.

Universal Music Group has filed a lawsuit against the website grooveshark. Grooveshark already settled a similar lawsuit with EMI, but now face the wrath of Universal who claims that grooveshark is hosting illegal copies of their songs for the public to hear. Universal claims that grooveshark is paying nothing to provide online access to their songs.

And everyone's favorite target for plagiarism, Coldplay, is being targeted yet again. This time, a rocker named Sammie Lee Smith, is claiming that Coldplay have stolen no less than 3 songs from his catalog. It appears that Mr. Smith has a poorly imagined plan to sue any artist for copyright infringement. He has apparently recorded thousands of songs over the past few decades. Although, the overwhelming majority of these songs have never been released or heard by anyone other than himself, he is quick to point out if any melody or riff sounds like something in his vast catalog. Copyright infringement lawsuits are tough and I am skeptical about this one. Although, Satriani may be onto something with his lawsuit.

Eddie Vedder, of Pearl Jam fame, is also being sued over his cover of the Gordon Peterson song, "Hard Sun". Vedder had the legal license to cover the song which found itself on the Into the Wild soundtrack, but Peterson is claiming Vedder altered the lyrics to his song thereby "eroding the integrity of the composition."

Many unknown bands and musicians are so thankful to have the chance at a recording contract that they sign whatever is handed to them without ever speaking to an attorney. I can tell you that this practice frequently leads to problems.

It is in your best interest to have an attorney review your contract:

• to advise and educate you as to your rights
• to explain the obligations and duties of the record label
• to ensure that you are being fairly compensated, and perhaps negotiate a better deal
• to ensure that you are not improperly giving away the rights to your music

The results are never good when a contract does not work out as planned and numerous problems can occur:

• pressures on the band may force you to quit
• lost income from improperly negotiated royalties
• tens of thousands of dollars spent in litigation either trying to get out of the contract or forcing the record label to comply with its obligations

It is much better to make a small investment in yourself and hire a lawyer before singing a contract rather than deal with the problems associated with the contracts failure. You work very hard every day in hopes of making it big - don't let a contractual mistake end those dreams.

Continue reading "Musicians Should Contact an Attorney Before Signing a Recording Contract" »

The long arduous story of Michael Jackson's new single, "This is It", released on Sunday night, shows how complicated rights and ownership of music can become.

The story begins in 1983 when Paul Anka and Michael Jackson (then at the height of his stardom) co-wrote a song intended to appear on a duets album that Paul was recording.  Shortly after the song was completed, MJ pulled away from the project and took the recordings. 

In 1991, R&B singer Safire recorded a version of the song titled, "I Never Heard."  That recording gave writing credits to both MJ and Paul Anka.  On Sunday, almost twenty years after "I Never Heard", the Jackson estate released "This is It."  Many people in the music industry immediately recognized the similarities between the two songs.  The problem was that Paul Anka did not receive a writing credit for "This is It."

Prepared to take the case to court, Paul Anka and the Jackson estate have agreed to terms and Paul Anka has now received his deserved writing credit.

This song shows the need for song writers and collaborators to protect their rights.  This song took several variations over three decades and nearly led to a lawsuit.  I wonder if the this would have settled so easily had the co-writer been an unknown artist without a legal team behind him or her,  as opposed to a legend like Paul Anka.

I am often asked: Can I legally record and distribute a cover song? And if so, how?

The answer is a mechanical license.  These licenses are paid and distributed to the artists who own the intellectual property that you are covering.  This is the only legal way to record and distribute material that is owned by another artist or musician.  So, if your band is planning on covering the The Clash for your demo or CD, be sure that you are not setting yourself up for a lawsuit.

Many retailers, both in store and on-line, will refuse to carry music if they believe the necessary licenses are missing.  This is because they open themselves up to a lawsuit for selling bootlegged music.  The license fees are relatively low and well worth the expense to avoid a lawsuit.

My office can help you obtain the necessary licenses so that you can sell your music with confidence and get your independent CD into the stores.   Call for a free consultation today.

Today it appears that the Ellen DeGeneres Show is going to be sued for illegally broadcasting music.  It appears that those quirky trademark dances that Ellen performs which some people, not including this author, find funny, have been performed over music that was not properly licensed.  That's right - a national television show broadcast to millions apparently forgot to obtain licenses and permission to broadcast music. 

When asked why they did not obtain the proper licenses, one of the show's producers allegedly replied we don't "roll that way."  That at least is kind of funny.  Ellen herself was not listed as a defendant in the suit.

To begin with the basics of copyright law - An artist is the owner and sole copyright holder of his or her creation.  Copyright protection begins to attach to the work of art the moment that it is created and/or published.  This, however, may be inadequate protection.

By registering your copyright with the United States Copyright Office:

• You are making clear when your work was created;


• You are telling the world that this idea, song, image is your creation;


• You gain valuable legal protections in the courtroom that may be absent without a registered copyright;


• You are ensured that the Courts will hear your case;


• You will not have any difficulty presenting evidence as to when your work was created.

A lot of musicians ask me about the so-called "poor man's copyright" in which the author of a work mails the work to himself in a sealed envelope to prove the time of creation.  While there is some merit to this process, there are cases in which the material was not allowed into evidence for one reason or another.  Instantly, the author's entire case was lost.  In some circumstances, registration is necessary in order to bring the suit (in other words, if you don't hold a registered copyright, the courts won't even hear your case).  As such, I would not recommend that any serious musician rely on the "poor man's copyright."

In the age of the internet where a song can be heard and stolen from 3000 miles away, it is imperative that musicians protect their work.  There are two examples of copyright infringement that all musicians want to prevent.  The first is illegal downloading and possession of your material.  The second example is where someone hears your song, lyrics, or melody and "incorporates" it into his or her "creation."

Federal registration of a copyright is the only way to ensure your protection.  It is both easy and inexpensive.  Rest easy knowing that your work is fully protected and concentrate on what you do best - creating music. 

Call my office for a free consultation and we can discuss your options concerning copyright and trademark.

It is easy for bands struggling to break free from the garage and make it big to think that legal issues surrounding music only occur to big national acts.  While there may be some truth to this, the music you are writing right now may one day be an income generating hit.

Therefore, it is best for bands even in the early stages to have a partnership agreement that can help identify:

• ownership of musical rights;


• percentages of revenue;


• ownership of equipment;


• how responsibilities are shared;


• ownership of the band name and/or logo;


• distribution of band assets after termination, and;


• how the band is affected when members join or leave the band.

These are but a few of the essential questions that should be put to writing in a band partnership agreement as soon as your group begins to make money and perform live shows.  I will be happy to help you with this process which can give your band peace of mind so that you can concentrate on making music.

A very good friend of mine also happens to be an extremely talented artist on the verge of big things, by way of helping him through the legal tangles of the entertainment and music biz - I have learned a great deal about entertainment law and have devoted significant time to studying this area. 

I now represent both artists and record labels and want to expand this practice area.  I want to invite anyone who needs assistance in this area to contact my office, including but not limited to, existing record labels and record label start-ups, artists, bands and musicians, writers, agents, etc. 

Those familiar with this area understand that entertainment law is primarily a network of contracts fighting over rights and royalties to copy-written and original material.  Artists, publishing houses, and records labels all need an attorney to make sure that their interest in the work is protected and that the best possible deal has been obtained.

A very good friend of mine also happens to be an extremely talented artist on the verge of big things, by way of helping him through the legal tangles of the entertainment and music biz - I have learned a great deal about entertainment law and have devoted significant time to studying this area. 

I now represent both artists and record labels and want to expand this practice area.  I want to invite anyone who needs assistance in this area to contact my office, including but not limited to, existing record labels and record label start-ups, artists, bands and musicians, writers, agents, etc. 

Those familiar with this area understand that entertainment law is primarily a network of contracts fighting over rights and royalties to copy-written and original material.  Artists, publishing houses, and records labels all need an attorney to make sure that their interest in the work is protected and that the best possible deal has been obtained.

Well this case has nothing to do with the law of our fine state but I thought that I would write about J.D. Salinger's lawsuit for a couple of reasons.  First, I remember reading the Catcher in the Rye with great fondness.  Second, because J.D. Salinger has been such a reclusive figure throughout his life.  And finally, because it raises a fascinating legal question - and here we get to the point of my post.  For those of you unfamiliar with the lawsuit, J.D. Salinger is trying to prevent the publication of a novel depicting Holden Caufield as an old man, some sixty years after the events in Catcher of the Rye.

The fascinating legal question is whether Holden Caufield, a young man who appeared in only one novel many years ago and never had a physical or illustrative depiction, is copyrightable.  The Wall Street Journal Blog has an interview with copyright lawyer, Marc Reiner, in which they discuss this issue among others.