Sunday, August 5, 2012

Avoiding Lawsuits in the Music Business


For this post I want to discuss the importance of understanding some basics of protecting yourself in the music industry. We will take a look at some current lawsuits and how the importance of the written agreement, getting permission, and insurance is needed for any business.


The Importance of a Written Agreement

In my research I found an article where James Prince the man who apparently discovered Drake (Aubrey Graham) is suing Drake’s management team for owed money and to prevent a negotiation that would cut him out. Prince claims that after introducing Drake in 2007 he realized that he was going to be cut out in 2009. Prince says that he then negotiated an agreement that would allow him to receive a share of the profits. Apparently Aspire has failed to pay him any money.

Prince also alleged that managers around Drake have attempted to “loot” the business, which could be devastating to the future financials of the artist. There may be some truth to that because Drake has put them on notice that they are in breach of contract and is demanding a renegotiation, which could cut out Prince totally.

In my opinion James Prince should have demanded a written agreement that states all of the information he needed to have included. Prince says that he had a verbal agreement. He is in a bad position to prove what he is owed.

You can read more about that case here:

Get Permission

Delaware Company served Madonna and WB Records with a copyright infringement notice alleging that they sampled the song “Love Break” in Madonna’s 1990 hit “Vogue.” Apparently in 2011, Delaware acquired technology that helps them detect samples used in other works. According to Delaware Company, producer Richard Pettibone, who was hired by VMG to remix “Love Break” also worked on “Vogue.” They believe that he sampled the horn and strings and attempted to hide it by altering the music.

I believe that it’s important to make sure you have permission when sampling music from other works. Altering the sound does not make it unique because the source would not be available with out the original owner. If it is in fact not a sample WB Records may have a difficult time attempting to prove it because of the similarities of instruments used and the common producer.

You can read more about that case here:

Some Things Can’t be Controlled --- Get Insurance

A mom for hurting her ears at a concert, is suing Justin Bieber. The report states that Bieber somehow instigated a screaming frenzy from the crowd by waving his arms. Stacey Wilson Betts is apparently suffering from hearing loss, tinnitus and hyperacusis in both ears. She is suing Island Def Jam Records and Bieber for $9.2 million.

I agree that concerts can be loud. I would also agree that the audio technicians should be aware of how loud the speakers are at certain distances. However it is a little hard to control the crowd. If the crowd causes the problem, is that the artists’ fault? Apparently she has a case. My opinion is some things can’t be controlled; you got to have insurance in case you are found liable.

You can read more about this case here:

No comments:

Post a Comment