The entertainment business can run into
many legal liabilities that a company can run into. Whether it is copyright
infringement, intellectual property or infringement of a company’s trademark it
is important to do your research and make certain that there are no violations
of use of a company’s name, trademark, or any form of art, music production
that an entertainment business my have. The live music industry can come across
many legal issues and controversies that need to be resolved.
A billboard article named, “Lawsuit
Accusing SFX Chairman and CEO Robert Sillerman of Cutting Out Early Partners to
Move Ahead” describes one recent lawsuit with one of the largest Electronic Dance Music
production companies, SFX Entertainment, there was an issue whether EDM
promoter Roger Sillerman took the ideas of three partners, Paolo Moreno and
manager at Disco Donnie Presents, artist manager Lawrence Vavra and Moreno’s
brother Gabriel Moreno., in the case Moreno v. SFX Entertainment Inc., 14-0880,
U.S. District Court, Central District of California (Los Angeles).They claim
they agreed to a joint partnership agreement with Sillerman where they helped
with facilitating the principal assets. They are claim that Sillerman did not
pay them any equity of the new company. They claim they never received any
stakes in the company’s earnings after they helped with the idea and work of
SFX Entertainment. The co-founders of SFX claim they did not receive any shares
they were promised to get. According to them, Sillerman cheated them in $100
million revenue. They won the lawsuit on July 9th after the judge
denies Sillerman’s request for summary judgment. Using others ideas, strategies
and connections are protected by copyright, intellectual property and trademark
law. In my opinion, if Sillerman did steal their ideas there should be a high
amount of damages that should be paid to the co-founders. One cannot merely steal other’s ideas and
creating without first getting permission and if so they deserve a portion of
the equity made on the project.
In the
article “The
Meekrat Minefield: Legal Issues with Live- Streaming Apps,”, it describes
another legal controversy in the live music industry. The article describes
that live streaming can have potential legal issues. Meerkat, Periscope and
YouNow are live streaming apps that stream live and broadcasts live videos.
There are public performance rights that come into play when live streaming.
Broadcast rights and record labels performance rights can be affected, for
example when a DJ prerecords a track at a show. In order to properly stream
without infringing any copyright proper licensing is required with certain
agencies like BMI, SESAC and ASCAP. The Digital Millennial Copyrights Act
protects live streaming videos. According to the article, streaming services
will be clear if when the user responds to right owners takedown requests and
don’t have the “constructive” knowledge that the have committed an
infringement. However, it seems as the companies can use the fair use defense.
Any company live streaming videos without the permission of the performance,
recording or any type of broadcast produced. It is a tricky subject in the
matter, because although you would want to get permission, it can also be a
process and may take longer to get the permission before the broadcast goes on.
Another
controversy in the live music scene is whether small venues are allowed to out
on free live music without having a license. In the article, “Government to
backtrack on controversial live music laws,” it talks about how the
government respond to criticism that live pubs and bar can put free live music
without obtaining a license. The Licensing Ace came into affect in 2003, when
venues with a capacity of 100 people or under are able to put live music with
out having a license. So every venue must go through a licensing process under
this act. Venue owners are complaining that the laws are way to strict for and
is damaging the music scene. I agree. I don’t think that the laws should be so
strict for musicians and artist to be able to perform at a venue. Smaller
venues should be exempt and the larger venues should be licensed. The
government proposed a “two-bar” exemption, allowing any amplified music by two
musicians play in small venues. If the venues are problematic then there may a
reason why it would be important to provide licensing. However, if it’s a small
quiet venue where people can come an express their music than that shouldn’t be
any issues.
