Entertainment Law

I recently checked out three podcasts by Gordon P. Firemark about different entertainment law cases.  The podcasts are broken down into episodes and each episode Firemark, along with another attorney, would share different cases or legal incidents.


In one of the episodes I listened to, one of the cases was Henley vs. DeVore.  This case dealt with the misusage of a song.  DeVore had created what he thought were parodies of Henley's songs, however it was ruled otherwise.  The songs used were "Boys of Summer" and "All She Wants To Do Is Dance".  DeVore who was a candidate for the Senate, created an unauthorized version of "All She Wants To Do Is Dance" called "All She Wants To Do Is Tax".  This song was aimed at his opponent Barbara Boxer.  
DeVore side thought they were in their rights by calling his version a parody.  The only problem is a parody is considered a version that makes fun of the original work or the author.  In this case, DeVore's version did neither.


In another episode, Firemark discussed cases involving Jay-Z and one of his hit songs.  The Jay-Z case dealt with a copyright issue.  The claim was that Jay-Z's song "Big Pimpin" violated the copyright of an Egyptian song called "Khosara Khosara".  Although the songs may sound similar, it was ruled that a claim couldn't be filed because the plaintiff did not have the exclusive rights to file that kind of a suit. 


In the last episode I listened to, the topic of Lady Gaga's grammy performance came up.  Basically the issue is that Lady Gaga performed her new song "Born This Way" and it was said to sound very similar to Madonna's "Express Yourself." The media wondered if Lady Gaga had permission so do a song so closely similar to Madonna's.  It was even said that Lady Gaga stated she had Madonna's blessing on Jay Leno's talk show.  Madonna's people said they didn't know anything about that.  many people believe a settlement will come just to keep the situation low key.  


These are all cases I hope my company never has to worry about.  Even if I am the winner in these cases, I think if I can avoid the drama of violating someone's rule, then I'll be fine.


http://firemark.com/
http://articles.cnn.com/2009-04-18/entertainment/henley.lawsuit_1_don-henley-lawsuit-claims?_s=PM:SHOWBIZ