Companies that provide audio for media
are in a separate category, because of the nature of what they do and how they
do it. However, this does not exempt us from the fallout that result from
lawsuits or legal controversies that might originate with the creators of such
media. There exist various situations in the entertainment industry that can
morph into legal disputes over things such as copyright or trademark
infringement, and these disputes can possibly halt the work of an audio
production company altogether. As such, it is important to examine a few recent
entertainment legal controversies, in order to learn from the mistakes made by
others, in order to avoid similar problems for your own business. I have found
three different cases that are related to some of the areas Art of Audio Productions will provide
services for, and hopefully, my description combined with commentary on each
case will prove to be beneficial for my readers.
The first case I found was about the 2013 lawsuit
brought against Marvin Gaye’s family and Bridgeport Music. The composers of the
song “Blurred Lines” (sung by Robin Thicke) commenced the suit in retaliation
to the threat by the two parties to initiate litigation for copyright
infringement, according to an online article by Forbes. The conflict occurred because the two
entities that threatened litigation, both maintain that “Blurred Lines” is
strikingly similar to, influenced, and/or inspired by both “Got to Give it Up”
(by Marvin Gaye/owned by his family) and “Sexy Ways” (by Funkadelic/owned by
Bridgeport Music). The composers standing accused, Pharrell Williams, Robin
Thicke, and the rapper T.I., responded as a measure for protecting themselves
through “declaratory relief”, where the matter will be decided through a
judgment in court. The article written by Oliver Herzfeld is very thorough
because it not only describes the controversy in detail, but it also explains
the two different aspects of copyright infringement, and how it applies to this
particular case.
In my opinion, this is a very difficult
case because I can definitely see how Bridgeport Music and the Gaye family
could come to these conclusions, since the Thicke song is quite similar to
those two songs in some ways. However, throughout the years many songs have
sounded reminiscent of other previous songs, even without the intent of doing
so because of how the human mind works. In contrast, there are also numerous
cases of intentional theft of ideas and works in the music industry as well. The
trick is in proving such with cases like this one, where it is not so blatantly
obvious. The lesson to be learned from this case, for all songwriters, is to
ask yourself if you are being even remotely inspired or influenced by someone
else’s song. If so, you need to legally obtain the proper permission and
clearance from the owner before releasing your version.
Another controversy took place in 2013,
over the alleged trademark infringement claim made by Wizards of the Coast, a gaming
company subsidiary of Hasbro, against Sunstone Games. According to an article
on GamePolitics.com,
Simon Strange (Sunstone Games owner) was first sent an email in December 2012,
which notified him that they believed his game, “Kaiju Combat”, was a trademark
infringement upon Wizard of the Coast’s "Kaijudo".
Strange did not hear anything more until March, when Kickstarter removed his
Kickstarter campaign, at the request of Wizards of the Coast, for the same
reasons stated in the December email. An email was also sent out to Strange’s
campaign backers, which not only put backers in a bit of an uproar, but it also
put a stop to all development of the game for a while. This setback was not
permanent though, since the game is still in the process of being developed
according to Sunstone Games. The article provides Strange’s response to
the situation, where he stated that he could understand how important it is to
defend one’s trademark. However, he also expressed that usage of the word Kaiju
(which is a common name) in a game title should not be blocked for any game
developer. Furthermore, that a suit such as this could tie up money that would
otherwise be used for game development, because his company is small and relies
heavily upon backers and sponsors for money to complete games, so there is not
very much to use for lawyers and court costs.
In my opinion, there was not much
credence to this claim because Kaiju is a popular Japanese name that refers to
strange or mythological creatures, such as its reference in the movie Pacific Rim or to the infamous creature
named Godzilla. Logically then, how
could such a name be trademarked by Wizards of the Coast just because it is a
part of one of their brands? Apparently, this case did not have much to stand
on for that reason, because the Sunstone game has continued development. The
lesson to be learned here is that independent, small businesses need to be
prepared for interruptions of work because of possible legal issues. If the
media company is stalled because of a lawsuit, then the company providing the
audio for that media will be stalled as well. It is an unfortunate domino
effect that one needs to anticipate in business, and have a contingency plan or
an alternate project to work on in place of the one that was halted.
The final legal case I found in a BillboardBiz
article was about an engineer who sued Tommy Lee (Motley Crue drummer) in
December 2013, over a roller coaster drum-kit idea he claimed that Tommy stole
from him. Howard Scott King was apparently an engineer working at a company and
with the band agents in 1991, where he came up with the idea for Tommy Lee to
continually play his drums while riding around a looped track that would even
position him playing upside down at one point. He claimed that he submitted
this idea to Lee back then, in the form of a proposal, but had never received any
response to it. In 2011, he saw Lee perform this “drum ring” on tour, which
prompted him to bring the lawsuit. However, he lost the suit because he failed
to prove that he had come up with the idea on his own. He also lost because he
did not take the proper steps beforehand to protect the idea before submitting
the proposal, such as obtaining a non-disclosure agreement (NDA) or a promise
not to use his idea without paying him first.
I completely agree with the judge’s
ruling, because King failed to legally protect himself adequately before
handing over his unique idea, which was obviously not a very well thought out
action on his part. The lesson for audio professionals in this case is very
clear: an NDA is a very important tool to use in the sound design industry as
well. Furthermore, failure to get one ahead of time could prove to be very
detrimental for both your company and those you are providing services for.
Each of these cases is unique, but they have
one central basic lesson, which is to be prepared and properly covered legally
at all times when it comes to intellectual property. This applies to all
aspects of the audio industry, from songwriting, audio for video games,
animation, film, etc. Taking steps to protect your business in advance is very
critical for averting legal disaster later.
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