So, if you've been following me for these last few months, you're well aware of my mantra, 'What would you do to become a celebrity?' Well, this month is probably my most favorite month (not only because it's my birthday month), but because I am finally studying one of my most favorite subjects, Entertainment Law. This is always an interesting subject and one which always needs to be taken seriously, so for all you aspiring celebrities, take a gander and find a moment to consider the ramifications that could/can occur without the right legal representation; specifically an entertainment attorney.
Copyrighting any creation is vital, copyrighting as defined by Merriam-Webster is
"the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same." For the purpose of this writing, I will endeavor to illustrate instances where some copyright laws were infringed upon and how they could have been avoided.
In an article entitled "BMI Sues Olive'Or Twist Bar for Copyright Infringement of Unlicensed Performance of Five Songs," entertainment attorney, Paul B. Overhauser. Mr. Overhauser said, "It was alleged that the Olive'Or Twist Bar in Elkhart, IN, infringed upon the copyrights to certain songs to which BMI owns. Attorneys for BMI argued that these songs were performed at this establishment without BMI's permission, (copyright infringement). " Why? The issue at hand is that the bar should have sought permission from BMI to play these songs in its public establishment. All in all, in addition to getting its liquor license the bar should have also inquired whether or not it needed a license to play music. Per Mr. Overhauser, "These types of cases are very friendly to the intellectual property owner, and a plaintiff is entitled to attorney's fees from the defendant." Ouch. www.iniplaw.org/2011/03/bmi-sues-oliveor-twist-bar-for.html
Michael Zhang wrote about a legal battle between photographer Mike Hipple and sculptor Jack Mackie. http://www.petapixel.com/2011/07/07/dance-steps-on-broadway-lawsuit-ends-with-photographer-paying-settlement/. This article spoke of Mr. Hipple using Mr. Mackie's creative works for commercial use. While it is agreed that Mr. Mackie's work has been presented for public display, it is however not to be used for commercial purposes without his written or verbal consent. This case was settled out of court where Mr. Hipple paid Mr. Mackie an undisclosed amount.
In another article by Mr. Zhang, he writes of another case between Richard Prince and Patrick Cariou. http://www.petapixel.com/2011/03/22/rephotographer-richard-price-loses-copyright-infringement-case/. Mr. Cariou, a photographer, charged Mr. Prince with copyright infringement. It appears that Mr. Prince modified 41 photographs taken by Mr. Cariou and presented them as his own work in a gallery exhibition. Once again, proper permission was not received in addition to Mr. Prince's profits, amassing to over $10 million. Mr. Prince tried to argue that it was fair use, but that is not the case since Mr. Cariou holds the rights to his own work and does so for as long as he's alive and 70 years thereafter. Mr. Prince lost and has to pay, the amount has not been disclosed.
Overall, the cases discussed above proved one important fact, know all of the facts and cover all bases. No one likes to be caught unaware. It's great to have people who you can trust but, it is equally important to be well-informed yourself. Better to take the time to learn now than to pay later. Your work is a reflection of you and credit should be given where it's due. I have always maintained that it is better to do things right from the start, rather than having to constantly look over your shoulder and trying to remember lies. There are unscrupulous characters in every walk of life and they can't be allowed to get away with bad behavior. Treasure what you own and own what you treasure.
I'll end as I always do, what price would you pay to become a celebrity?
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