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The lawyer
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AGMIS
IsraTrance Full Member
Started Topics :
63
Posts :
234
Posted : Nov 11, 2003 05:08
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Hello everybody,
I would like to suggest a new thread that could benefit each and every one of us. However, before I disclose the topic, I must ask all of you to respond only if; a) you have a question, or b) you have answer that is based on facts and can point us, the readers, to the source for verification and further study.
So the topic of this thread is the law. Anybody that has questions regarding copyright law, contracts, representation, etc…should ask his question here in this thread. Anybody that has the answer -- please feel free to comment.
I hope this will broaden our general knowledge, and help some of you artists on your way to success.
Once again, PLEASE, answer only if you know the answer (not "I think the law says …").
If all goes well, maybe the forum could open a whole new section dedicated for such issues. This could be interesting.
  I never apologize. I'm sorry, but that's just the way I am. Homer J. Simpson |
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Zombi
IsraTrance Senior Member
Started Topics :
375
Posts :
5032
Posted : Nov 11, 2003 09:56
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amm, as i know you live in usa agmis, others live in israel and someone in brazil for example. all those countries have different laws. how should it work for international community ??
Believe your soul ! |
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solipt1c
Soliptic
Started Topics :
9
Posts :
349
Posted : Nov 11, 2003 11:07
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actually copyright law is relatively standardised
all countries signed up to the berne convention have the same basic copyright ... altho some countries may have variations (eg, usa -> dmca)
http://www.dartrecordings.co.uk/ |
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Anak
Anakoluth
Started Topics :
108
Posts :
2395
Posted : Nov 11, 2003 13:18
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Mike A
Subra
Started Topics :
185
Posts :
3954
Posted : Nov 11, 2003 13:42
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When I sell my track to a label, what do I need to do to ensure that I get paid for licences of the track (for compilations etc) as well?
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Samsara
Started Topics :
3
Posts :
124
Posted : Nov 11, 2003 16:45
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What you people need is a lawyer, lawyers don't come for free.
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AGMIS
IsraTrance Full Member
Started Topics :
63
Posts :
234
Posted : Nov 12, 2003 02:35
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Anakoluth,
you could get in trouble if you name your track”bust a move”.
There are three criteria for determining a copyright:
1) Sufficient materiality (meaning enough material is written)
2) Fixed in tangible form (like the notes or words of a song written on a tangible form)
3) Original (no need to explain)
Now, in order for infected mushroom to prove that you did in fact steal their copyright, they would have to prove the following in order to determine copyright infringement:
1) Is there a legal claim to copyright? (Does IM own the copyright to the name bust a move?)
2) Is the copyrighted material protectable? (Can they actually protect/copyright only three words?)
3) Threshold—similarities that are inherent in the two songs at issue.
4) Probability of access – did you have access (i.e. you could have heard it on the radio, Saw it in a record store, etc…) to the material (which you obviously did have access).
So now you decide if you can or cannot.
Mike A, i will check the issue for you.
BTW, if anyone of you wants to get into the music business, or just expend his knowledge, there is a great book I recommend. It is the most complete, up-to-date, and comprehensive book that deals with almost all of your questions. I really recommend you buy it (you can probably find it on amazon.com)
"This business of Music" by Krasilovsky and Shemel (Billboard Books)
http://www.amazon.com/exec/obidos/tg/detail/-/0823077284/qid=1068598588/sr=1-1/ref=sr_1_1/002-5329176-5292044?v=glance&s=books
I never apologize. I'm sorry, but that's just the way I am. Homer J. Simpson |
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DETOX
Moderator
Started Topics :
296
Posts :
6194
Posted : Nov 12, 2003 02:52
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Mike A lets say that you sell a track to a label.
When you do that you sign a contract with the label that includes the money that you get in advance,the royalties,whether the track is exclusive or non exlusive and many other things.
One of those other things is about licensing.There is a paragraph in the contract that describes that if the label licenses the track to another label then the artists gets lets say 50% of the money and the label the other 50%.If there is no such a term in your contract then make sure that you demand it 
Toodaloo Motherfuckers!!!!! |
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nobody_3
Inactive User
Started Topics :
13
Posts :
1177
Posted : Nov 12, 2003 03:04
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Actually it should be 70/30 in the favour of the artist Detox
And Mike... The law says that the label have to provide you with a Royalty Statement every 6 months + 90 days... That mean that you are intitled to recieve a statment showing your sale on September 30 (January-June) and March 31 (July - December).
If the label dont provide you with those statements and pay the remaining (if any) royalty after deduction of your advance and production costs then they are in violation with the contract. |
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AGMIS
IsraTrance Full Member
Started Topics :
63
Posts :
234
Posted : Nov 12, 2003 03:23
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I like where this is going!
I never apologize. I'm sorry, but that's just the way I am. Homer J. Simpson |
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Apocalypse Now
IsraTrance Full Member
Started Topics :
62
Posts :
933
Posted : Nov 12, 2003 06:57
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AGMIS:
If Infected Mushroom did indeed decide to take Anakoluth to court for stealing the track name "Bust a Move", couldn't his lawyers counter by saying that Infected weren't the ones to originate the term either? Especially if there are absolutely no similarities between the tracks?
I'm sure most of you remember the very famous and classic hip hop song by Young MC called "Bust a Move". He even won a grammy shortly after, mostly because of this song.
What about if this case is in Israel? The Bible says Gonev mi ganav patur=He who steals from a thief is exempt. 
http://www.rbaworld.com/Music/Rap/Artists/YoungMC/yngMC003.shtml
If that doesn't work then Ankalouth's lawyers can always bring up the story about where IM got their name from 
Both teams played hard |
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AGMIS
IsraTrance Full Member
Started Topics :
63
Posts :
234
Posted : Nov 12, 2003 07:30
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Apocalypse,
From my understanding you are wrong.
According to a case called "WILLIAMS v. BROADUS" (September, 2001), one can not say he did not infringe the copyright of a second party merely because the second party has infringed a third party's copyright (the case involves snoop doggy dog).
Search the web and you will find the details of the case, I am sure you will find it interesting.
I never apologize. I'm sorry, but that's just the way I am. Homer J. Simpson |
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shulman
Shulman
Started Topics :
23
Posts :
88
Posted : Nov 12, 2003 14:05
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to AGMIS:
i think youre wrong mate.
names are considered copyrighted if and only if they are registered as trademark. also, i think that a song title cannot be registered as such, but im not sure.
Y.
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nobody_3
Inactive User
Started Topics :
13
Posts :
1177
Posted : Nov 12, 2003 14:08
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Well it's very very dificault to copyright a name unless it's unique.... I haven't really seen any artists copyright a track name simply because it normally is made up by words we all use in our daily life and therefore have no place as a copyrighted name.
Trademarks can not really be considered here since we're talking about track names and not brand names.
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