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Law in the Music Business:
A Survey of Significant Facets Music permeates our day to day lives. From our iPods and iPads, to elevators and trains, to the more obvious venues such as radio stations and bars, music has so seeped into the consciousness of contemporary society that it has become hard to imagine a life without it. As with any other crucial element in society, however, music in modern civilization has also been regulated by the long arm of the law. So much so that conflicts and controversies so often arise within the legal dimension of musical endeavor. In recent memory, much of the headlines in popular magazines have been devoted to these controversies. From Taylor Swift to
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This is right is exactly what the Dominican singer Ramon Arias Vazquez enforced upon Colombian international pop sensation Shakira when he sued the latter for infringing on the copyright of his song “El Cata” (BBC News). A United States court has ruled that Shakira’s song “Loca”, released as a single in the United Kingdom, broke copyright laws when it was copied off of “El Cata”. Shakira is thus guilty of copyright infringement and she must pay damages.
Copyright infringement like that in Shakira’s case occurs when a song is copied, modified, or performed without authorization of the song owner or owners. If the owner – who in the present example is deemed by the law to be Ramon Arias Vazquez – did not authorize the use, and if no legal principle such as fair use permitted it, then the infringer can be sued for damages to the copyright owner. In this case, what could have been Shakira’s defense? For one, she could have proven that Ramon Vazquez did not suffer any damages. Copyright infringement greatly hinges on the fact of damages, and any owner who cannot prove damages can only seek a cease and desist action upon the suspected infringer. Another course of action Shakira could have taken would be to prove that Vazquez did not register his work with the copyright office.
In any survey of UK law, it must be considered that there are a multitude of options that are made available to both plaintiff and defendant in a copyright infringement case. The
Art defines us, allowing us unleash our personalities and creative abilities through forms such as painting, sculpture, and, of course, music. For centuries, music artists in specific have exchanged ideas, embracing the culture of combining folk songs and tunes into their newer pieces of music. Today, some music artists wish to carry on with that tradition in what is now known as “rap sampling”. This method of sharing music has now interfered with the modern concept of copyright. With this relatively new legal action used to protect original works, ancient traditions of sharing music can no longer be practiced freely.
Many musicians and artist get plagiarized. Sometimes the case goes threw in court and they have to take down music, others they get money for it, and sometimes they just have to credit them. If the case is extremely ridiculous they just kick the case out and it doesn’t go anywhere, but that's not what happened in the Chuck Berry vs The Beach Boys case.
One of the most common, yet controversial, issues of First Amendment law is the subject of copyright and infringement. Although the subject may not seem major at first, many different issues and controversies have risen and become more common than ever over the years. The issues that have become pertinent to this subject are endless, including trademark infringement, piracy, theft, fraud, plagiarism, and many more. With the coming of age and advancement of technology, these cases have become more common and appear more often than ever before. Government officials have always been strict about copyright rulings, and have tried to deliver fair and just rulings for both parties involved under First Amendment rules. Because the owner’s work and material is protected under the First Amendment, it gets tricky when involving another party that can claim the same work of art. In short, the definition of copyright has always been cut and dry: allowing owners of creative works the right to control and profit from their creations. It is basically recognized as a form of property ownership.
Copyright Laws Stifle Creativity? Foratv.12 mar. 2009. Web. Nov 12, 2015. Lawrence Lessig is a professor of law at Stanford Law School and founder of the school's Center for Internet and Society. He teaches and writes in the areas of constitutional law, contracts, and the law of cyberspace. Lessig discuss the influences of “remixes” in this generation when everything can be copy and post. He stress the point of the future of originality of arts or ideas in this when everything can the forward. In this context my position was neutral, because I am not completely informed about this issue. As a result, I have not made my mind yet. Lessig is focusing on the informations that the neutral audience need in order to make a decision. He shows us relatively videos, such as the one of a mother celebrating his son, with a song in the background. Lawrence Lessig is using “Ethos,” to deliver his message. He is a recognized Law’s professor and has authority on the subject.So, automatically this impact the audience by trusting his ideas and beliefs. Additionally, I found his message to be persuasive, I would not change it. Because, he is not only an authority in this subject, but he also stress his message while using persuasive arguments. Also, he uses the media and relatively videos, that proves his point and a neutral audience can
The case I chose to write about is Pharrell Williams hit 2014 "Happy". The song was released in 2013 and has accumulated over 46 million views on YouTube since then and has won various awards and nominations as well as appearing in the popular animated movie Despicable Me 2. Although the case as of now has not been taken to court, the track’s rhythm sounds oddly familiar to a song written by Marvin Gaye in 1965 titled “Ain’t That Peculiar”. The family of Gaye has had previous issues with Pharrell and other popular artist plagiarizing as well. In 2013 the family sued artist Robin Thicke and Williams for their song “Blurred Lines” on the grounds of copyright infringement for sounding almost exactly like Gaye’s song “Got To Give It Up”. Early
Eventually, music has changed since the time of Joe “King” Oliver. He influenced Louis Armstrong who then influenced Ma Rainey.Artist are being influenced by artist from the past. like Donna Summer influenced Selena Quintanilla, who had a different music style than any other female artist. Selena Quintanilla like the other artist, she was also a very influential person for people of today. For example she influenced singers like, Daddy Yankee, Jennifer Lopez, Selena Gomez, Ricky Martin, she even influence Beyonce. She was someone that took something from the artists from before and made her own style, Tejano music. It started from a man who was a master, to a woman who had influence people of different music genres, and not just Latinos but people from other places that combine English music with Spanish music. For example; Mark Anthony who was influenced for her, he now sing music on Spanish and English.
Music Copyright is a very important aspect of the music industry. The Copyright law was established to preserve the creativity and rights of authors, composers, performers of expression. Copyright is the law that protects the property rights of the creator of an original work in a fixed tangible medium. (http://dictionary.reference.com/browse/copyright) A fixed tangible medium is something substantial like copying lyrics on paper or putting a song on tape or CD. Copyright can be seen every where in the music industry. Many music artist of our culture today have been involved in copyright issues. Recently, on MTV news it was stated that, "As the music industry becomes increasingly concerned about protecting the
In 2018 a mother of a 12-year-old girl in New York settled a lawsuit of $2000 because she was illegally sharing copyrighted music files according to www.pediatrics.about.com. Why would someone want to do that? As the person, you’re taking the money of someone else’s hard work. The artist that wrote the song took a lot of time and effort to make it. There are thousands of music artist and stealing their money is not fair for all they do. To stop this from occurring there must be harsher penalties or else artist will not have money to exist anymore or employees or money in return.
Music has become a center piece of life; however it comes with a vigorous price unknown to most of the public. The music industry is littered with corruption. My proposed research problem focuses on the manipulation and control the music industry has upon its artists through an unescapable 360 deal, which in and of itself is not only reducing an artist to almost indentured servitude, but also cripples record labels themselves. The 360 deal is a common mandatory contract record labels utilize to financially support an artist. This includes advances and funds for promotion, touring, and marketing, all which the artist has to pay back to the label. I believe this problem is significant and warrants further research because the record labels are unconstitutionally taking away artists rights in favor of their own greed, in turn, leaving the artist without ownership of their own songs, money, and rights to royalties.
Please ensure that you read the legal notice below. Any individual, organisation, or business, found guilty of copyright infringements, will face prosecution.
In the light of the contractianism approach, the rights of the Copyright owner were definitely violated. Record companies, operating under the assumption that their property and right to financial benefits are protected, have found themselves in a very vulnerable position. Singers and musicians have seen their work being distributed and used without their permission.
her first record deal. Shakiras voice was very powerful at such a young age, music producers
Along with the development of a file format (MP3) to store digital audio recordings, came one of the new millennium’s most continuous debates – peer-to-peer piracy – file sharing. Internet companies such as Napster and Grokster became involved in notable legal cases in regards to copyright laws in cyberspace. These two cases are similar in nature, yet decidedly different. In order to understand the differences and similarities, one should have an understanding of each case as well as the court’s ruling.
Shakira Isabel Mebarak Ripoll, known as pop singer Shakira, rock and Latin music, is famous for all albums sold during his successful career. But that's not so important to her, the American singer has a foundation called "Bare feet" and a family that cares more than his fame. Shakira is considered a hero by being good, changing the world, and never give up. Shakira is a Latin singer, who is 38 and is married to professional football player Gerard Pique. They have two children, Milan, & Sasha Pique.
Ever since the start of illegal music downloading there has been an ongoing debate. As with any controversy, there are those whose positions stand at one end of the spectrum or the other and also those who are moderate or nonchalant. Many believe that downloading a song without paying for it is not only illegal, but also immoral. None-the less, people continue to download songs, rationalizing that the record companies are getting what they deserve after years of overpriced CD's or that the artists won't really miss the money. Some people are not sure what to make of the situation, sympathizing in some respects with either side. There are several proposed solutions to this problem, but it has become obvious that there is not easy or clear