Music Industry Disputes...

Within the last  decade the  music industry has encountered its share of legal controversies stemming from copyright infringements and piracy issues. Let me update you on some of the most recent issues.

    Hip-Hop recording artist and Canada's very own "Drake" has found himself in the midst of a legal controversy this week stemming from his hit single, "Marvin's Room." This song contained a sample of a voice message left for him by his ex-girlfriend, Ericka Lee, the person the song is about. In the lawsuit, Lee states that she has not been properly compensated for her contributions, for which she feels significantly contributed to the overall quality of the song. Drake, Cash Money Records recording artist, denies any wrong doing and stated that Lee only wanted credit and not monetary compensation. In this particular case I feel that Drake could have done a better job to protect himself. In the recording industry and in the court of law, verbal contracts rarely hold merit. Despite Drakes claims that Lee only wanted credit, he should have gotten a contract outlining the terms of the agreement. In this case I feel that Lee will succeed in her attempts to sue her ex-boyfriend aka "Drizzy Drake."

  In efforts to help curb online piracy, Universal Music Group has led the way in filling  suit against companies that promote online piracy. In November 2011,UMG Recordings sued owners and executives from the online music streaming website,GrooveSharks. The claim alleges copyright infringement for not obtaining the proper licensing for songs by artist signed to the UMG label. GrooveShark had a previous encounter with Capital Records however the copyright case  was settled by entering into a licensing agreement. In my opinion, cases like these are meant to send shockwaves through the industry to culprits of identical acts. There are a lot of online music streaming websites that engage in similar activities however by attacking the giants, hopefully others will fall in line and obtain the proper licensing. In this case I feel that Groove Shark will either go away or obtain the proper licensing as they did with Capital records.

  One of the most common  legal issues that's currently going on within the recording industry deals with stolen music ending up on Billboards top 100. In these cases the initial producers are not given proper credit, while the grammy is being given to the person who played a minor role in the songs original creation process.  This past fall, Cash Money records recording artist Lil Wayne and his Young Money camp were hit with a $15 million dollar lawsuit stemming from the unauthorized use of the song "BedRock." Georgia based production team, Done Deal Enterprises claims that Lil wayne stole their song entitled "Bedrock" and incorporated parts of the song into his version in which he titled  "Bedrock" as well. After listening to the two songs myself ,I do hear the similarities.  I feel that most cases like these are settled before the judge rules and this particular instance should be no different.  There has yet to be any follow up info since having filed the suit back in September which leads me to believe that the case may have been settled out of court.

Sources:

http://www.xxlmag.com/news/2012/02/drake-denies-wrongdoing-in-marvins-room-royalties-case/

http://www.thehollywoodgossip.com/2011/08/lil-wayne-bed-rocked-by-15m-lawsuit/

http://techlaw.justia.com/2011/11/29/umg-copyright-lawsuit-charges-grooveshark-execs-employees-with-massive-uploads-of-infringing-tunes/

Songwriter Success

If you have ever thought to get into the songwriting business don’t let the thought of fear outweigh the possibility of success. The following songwriters success stories can serve as inspiration and motivation to help get your career started on the right path.

NeYo is a perfect example of a songwriter success story. Originally starting off as a singer, with the advice given to him from Def Jam label executives, he later became a full-time songwriter. And years later, he  is a multi-millionaire. As a singer he made a name for himself, however he makes the majority of his money from songwriting and producing. He makes millions (annually) in songwriting and production royalties. Some notable song writing credits include writing for: Beyonce, Rihanna, Mary J. Blige, Whitney Houston, Jennifer Hudson, Faith Evans, Celine Dion, Enrique Iglesias, Ciara, and many more. One of his biggest includes Beyonce’s “Irreplaceable”

In addition to Neyo another songwriter making a name for themselves is Ester Dean. Dean, like most songwriters, initially planned on being an artist but she eventually talked herself out of it after being  advised by label executives  to pursue a career in songwriting. She got her big break after moving to Atlanta,Ga and being introduced to producer Polow da Don and signing to his Zone 4 imprint through Interscope Records. From there she has went to pen some of 2010’s-2011’s biggest hits for artist such as: Rihanna, Katy Perry, Christina Aguilera, Nicki Minaj, Mary J. Blige, Usher and Ciara among others. One of her biggest hits includes Katy Perry’s “Fireworks”

1)http://latimesblogs.latimes.com/music_blog/2011/04/singer-songwriter-ester-dean-on-finding-success-i-started-thinking-i-deserved-more.html

2) http://mxymag.com/31/ne-yo-multi-millionaire-songwriter/

Songwriter Distribution.

  If you are thinking about getting into the songwriting/music production business one of your most important concerns for you is going to involve the collection your earnings and protection for  yourself from copy-write infringers. With these and other issues, it is important for one to become affiliated with a performing rights organization, more particularly  American Society of Composers, Authors and Publishers (commonly known as ASCAP). 

     ASCAP, is a membership association of more than 410,000 US composers, songwriters, lyricists, and music publishers of every kind. ASCAP protects the rights of its members by licensing and distributing royalties for the public performances of their copyrighted works. ASCAP's licensees encompass all who want to perform copyrighted music publicly included but not limited to: soundtrack performances, radio airplay ect. . ASCAP makes giving and obtaining permission to perform music simple for both creators and users of music. It is the only U.S. performing rights organization created and controlled by composers, songwriters and music publishers, with a Board of Directors elected by and from the membership. 

    One of the primary  benefits of ASCAP and other performing rights organizations is in that they are extremely knowledgeable about music and all the technicalities that come along with music licensing and will be an invaluable source to your career. This is important to the music industry in that one always has a concrete source or guide to gain a plethora valuable knowledge regarding important music licensing decisions.

   Another benefit of ASCAP is that the association does all the leg work involved in issuing license to the users on ones music and in turns makes sure you, the song writer/composer, gets paid. All one has to do is become a registered member, which includes paying your yearly fee’s. Once registered as a member you are able to submit musical works to be protected by the association. Its pretty much out of your hands from there. This is important to the music industry because a musicians life is already busy, with having an association of such, it offers much support for the songwriter/composer in this area of their career. 

  

      Other benefits associated with being a member of ASACP  includes :

• Discount on membership to the Songwriter Hall of Fame

• Membership in the U.S Alliance Federal Credit Union.

• Discounts on health, dental instrument and life insurance via its MusicPro program
• Discount on ASCAP Web Tools, a set of internet-based marketing and sales tools developed by Nimbit Inc for ASCAP members
• Discounts on music-related retail products and services
• Hotel and rental car discounts

http:/en.wikipedia.org/wiki/American_Society_of_Composers,_Authors_and_Publishers

http://www.ascap.com/about/

http://ask.metafilter.com/42436/Should-I-join-ASCAP-not-a-simple-question-in-my-case

Industry Insider

   Any growing business is vulnerable to legal liabilities. To prevent such unfortunate circumstances, it is important to research your industry carefully and seek as much expert advice relative to your field. As for myself, I am attempting to get involved  with the music industry, and with that I have sought out information in regards to legal liability issues related to the field. The valuable information gained from the  podcast is not only to important to my business aspirations, but to all who reads this blog.

   One of the first things I learned from the podcast I listened to,  is  the importance of properly  obtaining the rights to music used in sound recordings. From the Post-Academy and Entertainment Law Update Podcast,  the speakers highlighted  that one of easiest ways for record labels and artist to get into a financial legal woe, is by not obtaining  the proper license to a music performance, which are generally obtained through. BMI or ASCAP. In addition to obtaining these license, it is also important to register original music creations, which would lessen one’s chances of becoming a victim of this common practice. This is relevant to my business plan because in my business , we will be creating music that may include bits and pieces of copyrighted works. The podcast has equipped me with information that is sure to protect me from any liability issues that may arouse from this.

    In the Mirsky Legal podcast, the speaker discussed intellectual property issues, specifically answering the question of  why to protect. The speaker particular highlighted that fact that “protecting”, gives you a property right, which prevents anyone else from making, using or selling the creation. When creating a new business, brand value is the common goal. One achieves high brand value by creating a unique business with a growing demand. When a company is on the rise or growing, it is important to obtain proper trademarks and patents so that, “Copy-Cat” companies will not try and steal your ideas and information to “ride your growing wave.”   Once your works are registered you have legal protection from any perpetrators of these acts. This information applies to my business plan because Mayja Moves is a unique company. Because of that , I will protect its name and logo by registering it so that no other business is able to obtain rights to its use or anything of the liking.

Overall the three podacst were informative and essential to the growth of my business.

1) (http://www.entertainmentlawupdate.com/wp-content/uploads/2010/03/podcast-logo.png)

2) http://podcastacademy.com/2008/02/28/pnme-2007-music-licensing-for-podcasts-and-new-media/

3) http://mirskylegal.com/2011/01/podcast-3-intellectual-property-protecting-ideas-concepts-processes-and-plans/

J.Cole: The Sideline Story

SIdeline Story:

One of hip-hops most intriguing new artist is Roc Nation signee, J.Cole. J.Cole sparked interest amongst hip-hop enthusiast, after having been known as the first artist signed to the best rapper alive, Jay Z’s record Label.

   J.Cole started out like many MC’s, making beats. He stated that he made beats because he didn't have enough money to buy beats. After years of making beats he then gained interest in rapping. After realizing that he was very good at it he decided to take rapping serious.. 

  J.Cole from Fayetteville, NC, decided to move to New York after having graduated from highschool, in efforts to put himself in prime position to gain attention from the music industry.

    His first interaction with Jay Z came as a desperate producer looking for his big break.  After hearing on the radio that Jay Z was going to be at the local  station, he stood outside hoping for the chance to hand Jigga a beat CD. He had his chance and like most rappers would do,Jay trashed the C.D

     Instead of weeping in disappointment, J.Cole then decided to focus more on rapping. After graduating from college he then became noticed by a companion of Jay Z. The individual gave Jay Z a demo, and a couple months later he was signed to Roc Nation. 

www.jcolefans.com

www.Billboard.com

                 Sideline Story

Wendy Day: How To Get A Record Deal

   

    Music veteran, Wendy Day, who had a successful 20-year career shopping, structuring, and negotiating record deals for some of music’s biggest talents, is sharing her knowledge of the music industry in a digital book series. Day says she saw a need for current information based on first-hand experiences and sought to dispel rumors that are rampant among young artists. So, she decided to write a series of affordable digital books, covering the prominent industry subjects that she is frequently asked about at lectures and panels.Day has consulted the careers of many prominent artists over the years, making an undeniable mark on the game.

   A few artists that she has helped include, but are not limited to, Eminem, Master P’s No Limit Records, Lil Wayne, BG, Juvenile, Mannie Fresh, Hot Boyz, and Big Tymers, Twista, Do Or Die, Cormega, Young Buck, Killa Mike, UGK, Machine Gun Kelly, David Banner, Mistah FAB, TMI Boyz, 4ize, and many others over the years. Her book is titled “How To Get A Record Deal.” In the book she emphasizes the 3 important ways to get a deal: 

1. Get put on by an established artist.This means coming up under an already famous artist within the music industry.With any luck, the artist who puts you on is fair and doesn't do to you what was done to him or her when they were coming up.
2. Create a buzz. This means developing a fan base before getting signed and the trick is to keep it going until you get signed and then turn it up so that the whole industry is hyped about when you're going to drop an album.
3. The last point the books makes is to sell units. This is important because it proves to the labels you can sell albums and you have more control and leverage when negotiating your deal, and often a choice of labels you want to sign with.

Overall, regardless of the level of your recording contract, you need to go into your deal with the attitude that the label is your partner and even if they drop the ball, you should be able to pick up the ball and run with it. I recommend this book to all aspiring artist seeking knowledge on getting a record deal within the music industry.

http://allhiphop.com/2011/10/05/music-vet-wendy-day-releases-digital-book-series-for-music-industry/

http://planetill.com/2011/06/wendy-day-talks-webbie-lil-boosie-360-deals-kreayshawn-and-how-not-to-get-screwed-on-illside-radio/

http://www.rapcoalition.org/how_to_get_a_deal.htm

Best Rapper Alive: Jay Z

The last decade has brought about many changes within the hip-hop industry. Once before, it was an industry focused on lyrics filled with emotion and passion, and now,  its an industry full of pop laced, fast tracks. Despite the new changes, hip-hop remains one of the most dominant genres of all musical forms. However, with all these changes within the hip-hop music industry there still remains a steady debate on who is actually the best rapper alive. There is no definitive answer to this question since it largely depends on personal preference. However, if you're looking at objective figures, such as the number of hit records and wealth, the best rapper alive is arguably Jay-Z. 

The Music: He started his rap career in 1996 with the release of his album “Unreasonable Doubt”. This album featured some features from some notable  hip-hop heavy weights at the time such as Foxy Brown, Mary J. Blige and Notorious B.I.G. From there, he would go on to have 10 number one albums.. Also By the end of 2010, Jay Z had made Billboard's 200 Albums of the Year Chart ten times, the Billboard's Hot 100 Songs of the Year Chart five times and the Billboard's Top Artists of the Year Chart twice. His song "Empire State of Mind," featuring the vocals of Alicia Keys, hit number one quickly after it was released in 2009 and spawned many imitations on the Internet

Business: Jay-Z is one of those rare musicians who have been able to turn his record success into a business empire. As president of Def Jam Records, he has guided the careers of many artist such as Rick Ross and Young Jeezy.  From his business venture he has accumulated a net worth of $450 million.

Despite not being as active as many of the new artist within the industry, Jay Z has pleaded his case for rap supremacy,based on his set of accomplishments. . From the business end to the creative aspect, he has set a standard that many rap artist will never meet, with the very best of which coming close.

http://www.mademan.com/mm/who-best-rapper-alive

http://www.sohh.com/2009/08/jay-z_on_greatest_rapper.html