lawyer who sues musicians for money

What famous songs have been sued for copying?

Harrison was ruled guilty of ‘subconsciously’ copying the Chiffon’s work and had to pay over half a million dollars in compensation. 3. Chuck Berry vs. John Lennon If you are a Beatles’ fan, then you must have definitely heard their 1969 song, Come Together. But do you know about the lawsuit that surrounded it?

Are ‘The Voice’ producers being sued over musicians’ wages?

Adam Levine, Pharrell Williams, Christina Aguilera and Blake Shelton compete for contestants during the Season 8 premiere of “The Voice,” whose producers are being sued over musicians’ wages. Copy Link URL Copied!

Can you file a lawsuit for a song that sounds similar?

It’s not enough to write and record a song that only a small number of people have heard, and then try to file a lawsuit when something shows up on the radio that you think sounds similar, when in reality you have no proof to show the other person even knew of your song. 3. Substantial similarity

Can I get music lawyer advice?

Please note that specific case advice cannot be given, and if you have questions pertaining to an issue you are personally experiencing, you should seek a consultation with a music attorney. Erin M. Jacobson is a practicing music attorney, experienced deal negotiator, and seasoned advisor of intellectual property rights.

Can you get sued for playing music?

In theory, they could be sued for copyright infringement if they play music in a store. This is because one of the exclusive rights provided by Section 106 of the Copyright Act is the right to control public performances of the copyrighted work. Playing a song in a store is a type of public performance.

Can you sue for royalties?

The breach of a licensing agreement is sometimes, but not always, considered copyright infringement. If the licensee fails to pay royalties as agreed, the copyright owner can void the licensing agreement and sue for damages.

Do musicians need lawyers?

Artists need help doing a trademark or copyright. They need that type of advice from a lawyer or they can find themselves in litigation. People will also take artists' art, design, or photos and post them on social media channels or web pages.

How do you know if a lawyer is scamming you?

Some common signs of a scam include:Payment needs to happen quickly. You can't ask questions or get clarification.It's an emergency. Someone may threaten you or your loved ones.Requests for money usually happen over text, email or phone.The person contacting you is not someone you recognize.

Who owns the rights to a song?

In general, the individual who writes or records an original song owns the copyright in the musical work or sound recording. So if only one person is involved in the writing and recording process, then that person owns the resulting copyrights.

Do you not own rights to music?

Writing “I Do Not Own the Rights to This Music” in the description of a Youtube video, social media post, or any other place online is not a valid way to get out of copyright infringement. If you want to use copyrighted music in your work, content, or projects, then you need permission to use the music.

What kind of lawyers do musicians need?

Generally there are two types of musician's lawyers. There are litigators (or courtroom lawyers) and transactional lawyers (non-courtroom business-y lawyers). Just like in other professions, litigators are used when (or hopefully if) you are being sued or if you are suing someone else.

What does an artist lawyer do?

A music lawyer is a specialized attorney who deals with legal issues surrounding the music industry. They are trained to handle a wide range of legal issues, like contract management, copyright claims, trademark disputes, artist representation, and many more.

Why does a musician need a lawyer?

There are extensive record deals to be signed, intellectual property to be protected, and trademarks and copyrights to establish. Musicians need lawyers because navigating these areas can be difficult and sometimes even impossible without the right know-how.

Do lawyers cheat their clients?

Yes, some lawyers lie, cheat and deceive their clients. But they are the exception, and an embarrassment to most lawyers.

What can you do if you get scammed out of money?

Report the scam to the FTC online, or by phone at 1-877-382-4357 (9:00 AM - 8:00 PM, ET). The FTC accepts complaints about most scams, including these popular ones: Phone calls. Emails.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

Who sued Village People for copyright?

So there was a lot of money at stake when the group’s lead singer, Victor Willis (the cop), sued to terminate the copyright on his signature song. As a young artist, Willis had signed over his copyrights for the song and several other Village People hits. Under the 1976 Copyright Act, artists can terminate transfers of copyrights after 35 years with the rights then reverting back to the original songwriter.

Who was the copyrighted artist for "He's so fine"?

In 1971, Bright Tunes Music Corp., which held the copyright on the Chiffons’ 1963 hit “He’s So Fine,” sued Harrison’s publishing company, Harrisongs Music Ltd., for copyright infringement. Bright Tunes alleged that “My Sweet Lord” copied the melody and song structure of “He’s So Fine,” while Harrison claimed that the song had come ...

How much did Bright Tunes pay Harrison?

The court awarded $1.6 million to Bright Tunes. However, before Harrison could pay, his former manager, Allen Klein, switched sides, bought the rights to “He’s So Fine” and continued the case against his former charge. “I pointed out that this could be the one time in history where the same person drew up the complaint and response in the same case,” Santora says. Citing his manager’s breach of fiduciary duty and conflict of interest, the court knocked damages down to $587,000. Further squabbling over this figure meant the case would not be resolved until 1998—three years before Harrison’s death.

What is the song that made you sweat?

Perhaps no song better epitomizes early ‘90s dance music than C+C Music Factory’s “Gonna Make You Sweat,” an infectious and energetic hip-hop anthem that’s still regularly played at events everywhere while serving as a go-to song for dance montages on screen . Like many of its competitors, C+C Music Factory was heavily manufactured; the only permanent members of the band were the two producers in charge. When it came to vocals, the band lived up to its “factory” moniker, relying on a conveyor belt of rappers and singers.

Why was Fair Use not applied to the 2 Live Crew?

The 6th Circuit had held fair use was presumed not to apply to the 2 Live Crew version because of its commercial nature. According to Turk, the result sent chills up the spines of professional parodists such as Lorne Michaels, creator of Saturday Night Live, and MAD Magazine.

What is the Music Modernization Act?

Ultimately, the Music Modernization Act, which was signed into law in October 2018, ensures that producers, engineers, side artists and others be awarded royalties and credit with the artist’s consent. Brown adds: “I think American artists have a better understanding of their right to credit for their performances.

What is copyright law?

Copyright Law: Plagiarism. Always known as the “Quiet Beatle,” George Harrison tried to dispel that notion by releasing “All Things Must Pass,” a highly acclaimed and popular triple album, in 1970—the same year the Beatles officially broke up.

Why are musicians fighting for better pay?

Musicians have been fighting for better pay and improved residuals to compensate for the changing use of their work with the rise of streaming. Like other performers, they have collective bargaining agreements that protect their work, pay and benefits.

What is the role of musicians in the singing contest?

The popular show uses musicians as part of the production of the singing contest for such services as creating scores, orchestrating, transcribing and copying sheet music parts used by instrumentalists.

What to Know Before You Seek an Attorney to Represent You

Heather McDonald wrote about music careers for The Balance Careers. She has worked in the music industry for over two decades.

Determine Your Needs

Music lawyers are under the umbrella of entertainment law, and many specialize in a certain part of the music industry. Understanding what you need legal help with will make it easier for you to find a lawyer who is up to the task. Knowing whether you are looking to build a long-term relationship with a lawyer is also something to consider.

How to Find a Lawyer

Once you know what you need from a lawyer, start asking those in your music industry circles. You are almost certain to know someone who has had to visit a lawyer for a music industry issue before.

Meet With Your Short List

Whether you do it by phone or in person, have a brief question and answer session with your short list of lawyers. Find out what they specialize in, how soon they can work on your case, how much they charge and what their payment terms are. If you get a bad feeling or just don't hit it off with a candidate, don't feel any obligation to hire them.

Why did the Backstreet Boys sue?

The boy band claimed that Zomba refused to support them artistically via producers through the recording process because the label was too focused on Nick Carter's solo career. They also alleged that Zomba used the Backstreet Boys' website and mailing list to promote Carter. Pictures: AMAs red carpet

Who sued Beyonce's father?

Luckett and Roberson sued Beyonce Knowles, Kelly Rowland, their manager and Knowles' father, Matthew, and the group's label, Sony Music, for breach of contract, defamation, libel and fraud. The parties reached a settlement in 2002.

What happened to NSync and Lou Pearlman?

'NSYNC was in the middle of a messy legal dispute against BMG and Lou Pearlman after they left the label to join Jive. BMG and Pearlman sued the boy band for $150 million for breach of contract, while 'NSYNC alleged that Pearlman and his business holdings committed fraud, breach of contract and breach of fiduciary duty. The parties reached a settlement in 1999.

Why did Kesha leave Sony?

The pop star made a request to leave the company after alleging that her producer, Dr. Luke, sexually assaulted her and abused her.

How long did the Dixie Chicks dispute with Sony?

The Dixie Chicks had an 11-month dispute with Sony that began in July 2001, during which they accused Sony of "systematic thievery" by underpaying $4 million in royalties owed the trio for their first two multi-platinum releases from Sony's Monument Records imprint.

Did Metallica sue Napster?

It wasn 't against a record label, but Metallica won big when it sued Napster in a 2000 case that changed the music industry. The band sued the music sharing service for copyright infringement and racketeering. The judge ruled in favor of Metallica and ordered Napster to be shut down.

Did Michael Jackson feel that Sony had done enough to promote his 2001 album?

Michael Jackson felt that Sony had not done enough to promote his 2001 album , "Invincible."

Who was the biggest copyright infringement lawsuit?

Pharrell Williams. This lawsuit resulted in one of the largest payouts in the history of music copyright infringement. Marvin Gaye was an American singer, songwriter and record producer. Although he ruled the music industry back in the ‘70s, his works are considered legendary even today.

What was the lawsuit against Led Zeppelin?

Although the album was an initial hit, it was about three years later that the publishing arm of Chess Records (Arc Music) filed a lawsuit against Led Zeppelin for music copyright infringement over both tracks. The case was settled out of court after Zeppelin paid an undisclosed sum to the plaintiff.

What song did John Lennon use?

John Lennon was accused to use a line from Chuck Berry’s ‘You Can’t Catch Me .’. As a result, Berry’s publisher, the Big Seven Music Corporation, filed a case of music copyright infringement against Lennon. A settlement was reached in 1973 in which Lennon agreed to record three songs of Big Seven on his upcoming album.

When was the whole lotta love lawsuit filed?

As for ‘Whole Lotta Love’ which included lyrics derived from ‘You Need Love,’ (a 1962 song by Dixon), a lawsuit was filed in 1985.

Who was the rapper that copied Gaye's music?

Apart from Thicke, Pharrell William (producer and co-writer), T.I. (guest rapper) and Universal Records were also charged with infringement. However, the court proceedings turned out to be rather amusing for the plaintiff and audiences alike. While Williams set aside public manners when dealing with the prosecutors, Thicke, on the other hand, acknowledged alcohol abuse. Ultimately they were found guilty of copying Gaye’s work and were ordered to pay $7.3 million to his family. However, the amount was later reduced to $5.3 million in addition to giving 50% of the song’s royalties to the Gaye family.

Who copied the score of "I Want a New Drug"?

Huey Lewis filed a case against Parker claiming that the score was copied from his 1983’s song, ‘I Want a New Drug.’ Given the costs involved in litigation and various other aspects, both the parties made a settlement in 1995 to not discuss the matter publicly. However, Lewis disclosed the details surrounding the infringement in 2001 in an episode of VH1’s Behind the Music.

Who wrote the song "He's so fine"?

The ode itself was completely original but the musical verses bore a close resemblance with the early ‘60s Brill Building pop ‘He’s So Fine’ written by Ronnie Mack and performed by the Chiffons in 1962. Bright Tunes Music Corporation, which was Mack’s publisher, claimed Harrison guilty of plagiarizing Chiffon’s work.

What happens if you feel someone has infringed your music?

However, if you do feel someone has actually infringed your music, you will have to prove that you have a valid copyright and your work was sufficiently original to warrant the validity of that copyright. Next, you will have to show that the alleged infringer copied your work.

Why did Harrison unconsciously plagiarize "He's So Fine"?

The court concluded that Harrison unconsciously plagiarized “He’s So Fine” when he composed “My Sweet Lord” because “his subconscious knew [the musical combination of notes] had worked in a song his conscious mind did not remember.” [5] The court went on to further conclude that it did not believe Harrison deliberately copied the song, [6] but ruled against him anyway because access to “He’s So Fine” was assumed due to its fame and the two songs had enough similarities to satisfy the court. [7]

What is infringement in music?

Infringement is infringement. If you have looked at the facts and can truly show that someone has either directly copied your song or has had access to your song, and their song is very similar to yours, then you will need to contact an entertainment/copyright litigator to discuss the potential merits of your case.

Can two independent musicians create copyrightable music?

For example, two independent musicians on opposite sides of the country could create original and copyrightable songs that sound very similar to each other, without knowing each other or ever hearing each other’s music. After all, there are only so many notes and chords that can be played. However, if you do feel someone has actually infringed your ...

Can you file a lawsuit if you wrote a song but it is not well known?

Therefore, if you have written a song, but it is not well known by others and you have not given it to someone where you can show a direct connection to the person who supposedly copied your song, you don’t have a case. It’s not enough to write and record a song that only a small number of people have heard, and then try to file a lawsuit when something shows up on the radio that you think sounds similar, when in reality you have no proof to show the other person even knew of your song.

Is it legal to copy three notes of an existing composition?

This point in the analysis is where many people argue that it is supposed ly acceptable to copy three notes of an existing composition or sample three seconds or less of an existing recording without infringing copyright. In fact, there are no such rules allowing this practice. Infringement is infringement.

Do musicians have copyright cases?

A lot of musicians email me claiming they have great cases for copyright infringement. Copyright infringement does happen, but there are more people who think they have a case than those who actually do. ( Please note that I am not a litigator and the below explanation is only a general overview of the basic principles in a copyright infringement suit. Actual cases may include nuances not discussed in this article.)

Who sued Aerosmith?

Not cool. (Writers note, Krebs sued Aerosmith after their Behind The Music for alleging the band tarnished his reputation) 2. Allen Klein. Though he did have one of our favorite quotes about hating The Eagles (always a plus), he also ripped off artists including The Rolling Stones and The Beatles, no small feat.

Who committed the cardinal sin?

7. Frank Weber. Continuing with the theme of “don’t let your family fuck with your business,” Billy Joel also committed this cardinal sin. In 1989, the Piano Man sued Weber, his former brother in-law, for squandering or illegally taking $30 million of Joel’s money.

Who warned John Lennon to be wary of Klein?

Mick Jagger famously warned John Lennon to be wary of Klein, with good reason. The Stones decided to fire Klein and set up their own business structure in 1970. Klein sued, and the legal settlement meant giving Klein the rights to most of their songs recorded before 1971. Ay caramba.