Copyrights, 360 Deals & Royalties

Entertainment law is an important aspect of the entertainment business industry. It is applicable to the film, music, and events businesses, and all those branches that nourish the entertainment industry. To assist in the dissemination of the legal significance of these businesses, experts have decided to study and share their knowledge. That is why we have the collaboration of Gordon P. Firemark with Tamara Bennet, who maintain a website full of podcasts for the benefit of all those who work and study law entertainment.

Firemark’s Episode 23 podcast talks about the copyright laws. Through out the discussed cases like Who Wants to be a Millionaire vs Disney, the Marvel Comic dispute, and the Wizard of Oz lawsuit, Firewark highlights terms like the lack of matter jurisdiction and the copyright's function. This is basically behaving as a set of legal rules and principles, which governs the moral and economic rights that the law grants authors (copyright).
His next podcast, Episode 29, has to do with 360 deals. For this episode a special guest participated, named Aaron Jacobson. She represents entertainment professionals like producers, musicians, companies and other performers. About the 360 degrees deals, Jacobson says that these are record agreements where record labels have the opportunity of owning and sharing all the profits and income or part of it of the artist career. Here it is included publishing and copyright termination.

Another Firemark podcast is Episode 32, having to do about royalties and cancelation proceedings. With Eminem's dispute about his digital album downloads, it is discussed the importance of clearly establishing royalties. Royalties are the payment made to an owner of a copyright, patent or trademark, so in exchange is enabled the right to exploit or use of certain resources. About cancelation proceedings, Firemark discusses a cancelation issue with Lady Gaga. He highlights the importance of having cancelation clauses in all contracts so any dispute may be resolve as easy and quick as possible. These clauses can even avoid possible lawsuits. 

Even though my business plan is more focused in the event industry, still these activities are part of the entertainment industry and need to be backed up by entertainment laws. Events need the affiliation of many companies to work together to execute events and these affiliations are done contractually.  

Industry Liabilities: Artists and Their Lawsuits

A lawsuit came along against the Canadian pop singer Justin Bieber. During his presentation in July 2010 in the city of Oregon, thousands of fans went to his concert to enjoy his music and live performance. The venue was full with frantic screams, almost suffocating most of the presents that felt uncomfortable with the chaotic noise. Allegedly the situation got worst when Beiber got up a platform, which directed him above the audience serving as a conduit to expand more decibels.

 Taking his daughter to see her idol, mom StaceyWilson Betts was one of those stressed victims intolerant to the screams. She now claims that since that concert she has been partially deaf and suffering from tinnitus disease. She decided to demand the artist and the concert promoter for 9.2 millions.

I do not think this lawsuit will benefit Wilson. Who can control thousands of frantic fans extremely excited because they are seeing their favorite artist? In the other hand, who can blame her? I do understand she feels the artist is responsible, but truly, fans’ screams are something that nobody can control during a concert.

Another lawsuit took place between Latin actress, singer and businesswoman JenniferLopez and her former driver Hakob Manoukian. She accused him from extortion after allegedly he threatened her of divulging personal information and secrets about the artist. The extortion came along after apparently Lopez and her manager breaking the deal without justification and for not paying overtime.

Many times these discrepancies arise because of the lack of communication and honesty. Eventually, Lopez and her manager failed for not meeting their part of the contract. But it was beyond from human to be extorting with personal information. So, in general for me it was a good decision that Lopez decided to demand him.

Recently the Puerto Rican producer Roberto Morgalo sued the Panamanian singer Ruben Blades for defamation. Morgalo accuses Blades for declaring defamatory accusations and attacks against the producer. To this lawsuit Blades countersuit Morgalo, where the Federal Courts of Appeals said that the “federal judge for the District of Puerto Rico abuse its discretion in dismissing the defamation lawsuit against the singer Ruben Blades”. This means that the original demand returns to the Federal Court in Puerto Rico.

It is really sad seen such behavior between professionals in the entertainment industry. I think it was a good thing that the lawsuit returned to the Federal Court. I am more than sure that the whole case will now be investigated in more detail.