Hello and Welcome to Medi8tor,
Medi8tor is a blog dedicated to exploring
and discussing topics that are relevant to artist and entertainment industry
professionals. This blog also explores and specializes in the balancing act of
fame and personhood; through a process Medi8tor has coined known as fame
management.
In the past we have discussed the
importance of having a legal team, especially as an artist, and today we will
expound on the topic of legalities. No matter what your plans are, no matter
the position you plan to have, or the position you currently have in the
entertainment industry, at any time legal issues can afflict you. The effects
of lawsuits can be costly and stressful at any stage of a career, but it is
especially devastating if legal troubles occur early in your career.
Unfortunately the chances of legalities
occurring early for a new artist has increased substantially over the years with
the advances in technology, and content sharing sites such as YouTube. The technological
age has made it easy for anyone to express themselves in creative mediums, but
also the emergence of largely web-based creative content has allowed for an
onslaught of lawsuits, and increased the need for the Digital Millennial
Copyright Act.
In fact, recently, according to the
Hollywood Reporter Viacom filed a lawsuit against YouTube for copyright
infringement. Viacom has accused YouTube of having knowledge that their users
are posting material that is copyrighted, and that the site willingly allows
users to keep Viacom clips in their videos.
YouTube’s
defense was that due to the high level of copyright infringement that occurs on
their site on an ongoing basis, it takes time to send out notices informing users
to take down videos containing infringed materials. The initial suit began last
year and eventually was taken to an appellate court. As of now the case is back
in lower court, before it will go to the U.S. District Court. Thus far, the
judges involved in this case feel that Viacom must prove that YouTube had
willful knowledge of copyright infringement and still allowed videos to be
posted on their site; but of course this will be difficult to prove. Medi8tor
agrees with the judge that Viacom will have a difficult time proving willful
infringement without the use of an informant, or a spy camera confession. Most
users of YouTube or mediums that are similar to YouTube, are unaware of
copyright laws, and have a host of ideologies as to what constitutes fair use. Medi8tor
suggest that YouTube might consider releasing a series of company sponsored
copyright and fair use videos to educate their users. If YouTube created the
content necessary to educate the public on Intellectual Property law in the
digital world, this would save the company time and money in court, help
protect their users from legal trouble, and allow users to protect their own
work as well.
Although copyright infringement can be a
legal woe for someone in entertainment, artist and business professionals must
also be aware of what constitutes authentic authorship. Many artists believe
that they have contributed significantly to a project by sharing their good
ideas in verbal format. Instead everything should be written down, so that you
are able to show detailed documentation that you helped create a song, write lyrics,
create characters, etc. Detailed, tangible written evidence of your
contribution to a project is a much better defense in court than a verbal
contribution. In short: ALWAYS BE ABLE TO PROVE THE WORK THAT YOU CREATED. If
you successfully cover all of your bases in this area, hopefully no one will be
able to steal your work, as well as ensure that you never find yourself in a lawsuit
predicament similar to super producer Teddy Riley’s.
According to The Hollywood Reporter, Teddy
Riley is suing one of his daughters for attempting to claim songwriting credit
for a Lady Gaga song entitled “Teeth.” Apparently the song was written by Teddy
Riley and his oldest daughter, and in an attempt to jump start her own music
career, the young daughter lied about songwriting credits in order to secure a
job in the music industry. Unfortunately her lies caught up with her, and this
young lady is paying the price in a very public lawsuit with her father.
Medi8tor feels this could be considered a harsh parenting technique, but we
also understand the heart behind the lesson. Teddy Riley is a veteran in the
music industry, and knows first hand how relentless and ruthless people in the
industry can be as well as how important it is to have a good reputation as a
business professional. In this instance, perhaps Mr. Riley feels that as an
entertainment professional and as a father, it is his responsibility to teach
his daughter this hard lesson, before anyone else in the industry does.
Lastly in a strange quasi-legal battle, this
past week hip hop superstar and business mogul Jay-Z made waves and raised
eyebrows when he released his latest track “Open Letter” over the Internet. The
track was created and released only days after Jay-Z, and his superstar wife Beyoncé
returned from their trip to Cuba, where they celebrated their fifth wedding
anniversary.
The couple’s trip caused initial
controversy due to the fact that there are restrictions on U.S. tourism, as a
result of the United States embargo against Cuba. This people have begun to
ask, “How were these two very famous Americans, even allowed access into the
country?” The second wave of controversy occurred when in the lyrics from “Open
Letter,” the Brooklyn born MC gave these responses for his permission to enter
the country:
"Done turned Havana to
Atlanta/Guayabera shirts and bandannas.”
Followed later
on by the lyrics:
"Boy
from the hood got White House clearance.”
This single line caused many Americans take an artistic lyric quite literal. Over the past few years Jay-Z and Beyoncé have developed a friendship with the President, and have given unwavering financial and personal support to the Obama campaign. The combination of all these factors, and the lyrics in "Open Letter" led many Americans to believe that the couple had been granted White House clearance from the President to enter Havana. The song contains several other controversial statements, but the lyric above raised so much concern in the American public's mind that the President's press secretary Jay Carney had to issue a statement earlier this week. Here is the footage form the press conference:
In Medi8tor's opinion this entire incident is comical, and although no formal legal action has been taken, the fact that song lyrics and artistic expression has prompted national attention reinforces the power of art and the power of words. In fact, a few Republicans are actually pushing for a legal investigation of the couples' anniversary trip to ease their suspicions. We want to caution our artists who enjoy this blog not to self-censor; but to instead be aware that as a public figure and creative person your words and work may be interpreted literally. Therefore as an artist, being able to articulate and clarify your work to the public is an important skill, and one that Medi8tor encourages you to master.
See you next time!
Sources:
1.) “Viacom, YouTube Spar Again Over Billion Dollar
Copyright Lawsuit.” By: Eriq Gardner
2.) “Lady Gaga Producer Sues His Own Daughter.” By: Eriq
Gardner.
3.) “Jay-Z: White House Didn’t Approve Cuba Anniversary
Trip.” By: Zachary Stieber.
