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Sunday, June 8, 2014

Music Industry Liabilities (Assigned School Work)


            For the purpose of today’s blog post, I was instructed to analyze three different legal controversies recently associated within the music industry. I will touch on the vast topic of copyright infringement through articles involving musical artists Prince, Robin Thicke, and Maroon 5.
            In an article about Prince, dated January 30, 2014, the artist and his legal team filed copyright infringement suits against 22 individuals alleged of “bootlegging” his concert recordings. Prince explained that his priority is to provide a “high quality experience for his fans” and that these versions were simply not up to that standard. The article states that locating the links to the videos shared on Facebook were how the perpetrators were tracked down. Each defendant was facing $1 million in fines unless they removed said content. As you may have guessed, all 22 bootleggers cooperated by removing their unauthorized recordings of his concerts from the Internet.
            I agree that artists have every right to prevent unauthorized distribution of their work. I understand why Prince wants only the highest of quality when representing his brand. I wonder how come more artists haven’t taken this route because it would clear up many of the user-uploaded videos that often clutter YouTube search results with lower quality material. In doing so, viewer-generated traffic would be more focused on “authorized” uploads, as views would certainly increase. I understand the want to make the concert experience so exclusive that you have to show up in order to experience it. This will keep the demand for the artist’s concert tickets to remain high. On the other side of the coin, I can also identify with the other artists who would rather their music be shared with everyone. I can relate with those who really don’t mind how many people share their video recordings of their concerts across the Internet. The more people/fans that upload videos of their favorite artists in concert should translate to more views and more potential fans, right? I would certainly think so. If artists don’t wish footage of their concerts to be uploaded to the Internet, then make it known that this event/concert prohibits camera use, unless a press pass is present. I’m sure there are always exceptions to this rule as there will always be people sneaking in recordings however they can. It’s difficult to decide where I stand on this topic.
            The next article that I read was about the copyright infringement suit between Robin Thicke, Pharrell Williams, and rapper T.I. against the family of Marvin Gaye. Thicke’s 2013 single, “Blurred Lines” has been declared as infringing upon the intellectual property of Gaye’s songs, “Got to Give it Up” and “Sexy Ways. “ Upon reading and reviewing a few articles on this matter, I’ve decided that it’s one big mess. Apparently, the Gaye family also pursued a lawsuit with Thicke’s record label, EMI, as well. The EMI case was dismissed in January of 2014. Both the family of Marvin Gaye and EMI, came to an agreement including that this case cannot be brought forth to court again in exchange for an undisclosed amount of money. What’s odd is that reports of the lawsuit between Thicke and the Gaye family remain active.
            I feel that in order for a work to be found to infringe on copyrights, it needs to be blatantly obvious. I can clearly hear the similarities between works and would have taken legal action as well. This song should have never made it as far as it did without first clearing any sort of use of someone else’s intellectual property. This is the fault of the artist and the record label as this act is definitely considered to be a legal liability.
            The final article that I read is about the band Maroon 5. In the summer of 2012, a cover-version of a song they hadn’t officially released yet cracked the British top ten charts. This action compromises the intellectual property of the band and record label as well as depriving them of any monetary gain they may have lost out on while song wasn’t officially released yet. This is in every way copyright infringement as the musician(s) who made the cover version of the song is (are) benefitting from the sale of it across Internet platforms like iTunes and Amazon. Some fans may not even realize that what they purchased is a replication of what they were actually looking for. During the week that this cover song reached the top ten, they reportedly sold 34,492 downloads.
            I believe musicians should not be able to sell a cover version of a song without paying the majority of that money to the copyright owner of that song. That may sound ridiculous but that cover song would not exist if it weren’t for the work of the writer, composer, and copyright owner of that recording. Copying songs in order to make money from them doesn’t sound too legitimate to me. In fact, it sounds like a legal liability. 

Works Cited: 
Fekadu, M. (2014). Marvin gaye’s family & robin thicke’s label settle in ‘blurred lines’ dispute.” Huffington Post. Retrieved June 5, 2014, from http://www.huffingtonpost.com/2014/01/15/marvin-gaye-family-robin-thicke-label-settle-blurred-lines_n_4601388.html

Herzfeld, O. (2013). The blurred lines of copyright law: robin thicke v. marvin gaye’s estate. Forbes. Retrieved June 5, 2014, from http://www.forbes.com/sites/oliverherzfeld/2013/08/20/the-blurred-lines-of-copyright-law-robin-thicke-v-marvin-gayes-estate/

Leach, B., & Lusher, B. (2012). Maroon 5 and the new phenomenon baffling the music industry. The Telegraph. Retrieved June 5, 2014, from http://www.telegraph.co.uk/culture/music/music-news/9367019/Maroon-5-and-the-new-phenomenon-baffling-the-music-industry.html

Riemenschneider, C. (2014). Prince stirs another controversy with $22 million lawsuit. Star Tribune. Retrieved June 8, 2014, from http://www.startribune.com/entertainment/music/242495671.html