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Intellectual Property- Music

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1 Intellectual Property- Music
Copyright Laws in the music industry By Paige Logsdon and Lauren mcdaniel

2 Introduction Copyright laws for music generally state that legally a musician author, artist, and certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the Copyright Act. This means, it is therefore illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. However, in some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of “fair use,” which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a “compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions.  Sound recordings, for example, are defined in the law as works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work.

3 Introduction Continued..
Today we will: Discuss how copyright laws effect the famous or unnoticed artists. Listen to how some artists songs violate specific copyright laws. Discuss the ethics of copyright laws in the music/ art field. Discuss various solutions to these problems and how one can make them more ethical to the owner or borrower.

4 Nicki Minaj Vs. Clive Tanaka
Nicki Minaj- Starships Clive Tanaka- Neu Chicago Recent lawsuit filed by Clive Tanaka against Nicki Minaj and producer/writers: RedOne, Carl Falk, Wayne Hector, and Rami Yacoub. Not yet settled.

5 Vanilla ice vs. Queen & David Bowie
Vanilla Ice- Ice Ice Baby David Bowie & Queen- Under Pressure Vanilla Ice sampled ‘Under Pressure’ without consent by adding an extra note to the bass-line. “This case never went to court as it was clear that Vanilla Ice had stolen the sample without permission. He settled out of court with Queen and David Bowie for an undisclosed but likely very high amount.”

6 George Harrison Vs. Bright Tunes Music Corp.
George Harrison- My Sweet Lord The Chiffons (Bright Tunes Music Corp.)- He's So Fine “He’s So Fine” was recorded by the Chiffons in 1962 and then moved under the Bright Tunes Music Corp label in My Sweet Lord was released in “The judge found that though he didn’t believe George Harrison purposefully plagiarized the song, the two songs were essentially the same, only displaying minor differences in notes and chords. George Harrison was found guilty of ‘subconscious plagiarism’ and a judgment was filed against him in the amount of $587, of which the full amount was paid and the judgment dismissed in 1981.”

7 Johnny Cash Vs. Gordon Jenkins
Johnny Cash- Folsom Prison Blues Gordon Jenkins- Crescent City Blues “Though Johnny Cash’s version is more fine tuned and shows more experienced talent, some of the lines are word for word and some of them have a word or two difference. It took fifteen years, from the release date of Johnny Cash’s version, for Gordon Jenkins, the original song owner, to sue. The 1968 out of court settlement approached the hundred thousand mark.”

8 Michael Bolton Vs. Isley Brothers
Michael Bolton- Love is a Wonderful Thing (1991) Isley Brothers- Love is a Wonderful Thing (1966) A suit was brought against Michael Bolton by the Isley Brothers for allegedly lifting parts from their original song of the same name and in 1991, despite Michael Bolton and the co-author of the song’s argument being that there was insufficient evidence supporting the jury’s findings, the district court found in favor of the Isley Brothers and left the largest award in history for plagiarism in the music industry intact. The Isley Brothers were awarded 5.4 million dollars, the calculation based on sixty-six percent of past and future royalties. (Also taken into account was twenty-eight percent of the past and future royalties of the album Time, Love and Tenderness as Love is a Wonderful thing is contained within that album).

9 Thank you ment/music-copyright.html Law/Copyright-Law.php famous-music-copyright-infringment.html Credit goes to each of these sites for giving us our research information. We are not violating copyright.


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