Today I will research and discuss
three different recent legal issues that have occurred within the music
industry. The music industry as a whole
is always facing struggles all around.
Copyright infringement has been a huge issue throughout the industry,
but it’s not always just someone illegally downloading music. Sometimes the infringement comes from within
the music industry.
For example, in 2015 Osama Fahmy
sued Jay-Z over his 1999 hit song, “Big Pimpin.” Fahmy claimed that Jay-Z had illegally
used a part of his uncle’s (Baligh Hamdi) 1957 song entitled, “Khosara
Khosara.” However, the judge about a
week dismissed the case later and Jay-Z was able to come out victorious. According to (Carroll, 2015), “The judge ruled that Egyptian law did not apply and that
the case should not go to a jury.” This
was a relief for Jay-Z, as he was now off the hook. However, illegal sampling does occur almost
every day within the music industry and it does need be put to a quick stop. I you would like to use a sample from someone
else’s work, you should obtain the proper permission to do so.
Taylor Swift faced a similar
situation for her song, “Shake It Off.”
Jessie Braham sued Taylor Swift claiming that her song was an
infringement and copy of his song, “Haters Gone Hate.” The judge compared the two songs and decided
to dismiss the case because she did not find the two songs to very similar at
all. I actually listened to both songs
myself and do not understand where Braham’s accusations came from. The two songs are completely different with
no true similarities. The only
similarities are that both songs talk about haters hating, players playing, and
fakers faking. The wording is even
different in both songs. I agree with
judge Gail J. Standish that the songs do not have enough similarities to pursue
the case.
The third case that I have chosen
to research for this blog is a little different from the first two, but just as
important. Almost everyone knows that
copyright infringement occurs almost daily, but do not realize that trademark infringement
occurs and is also a big issue in the entertainment industry today. Will.i.am has sued Pharrell Williams over a
trademark issue. Will.i.am feels that
his trademark “I Am” and Pharrell’s trademark “i am Other” are too
similar. For many people this would not
seem to be an issue and most would not understand why this was brought up in
the first place. However, a trademark is
just as important, if not more important, than a copyright. The trademark is a brands signature. It is what we know them by. If someone else’s trademark closely resembles
another it can hurt the original brands business and cause much confusion.
References:
Carroll, Rory (October 21, 2015). Jay Z wins copyright infringement case over Big Pimpin’ Egyptian
song sample. Guardian News and
Media Limited. Retrieved on April 7,
2016 from http://www.theguardian.com/music/2015/oct/21/jay-z-wins-copyright-infringement-case-big-pimpin-sample
Rizzo, Kevin (November 13, 2015). Judge Shakes Off Suit Against Taylor
Swift Using Her Lyrics. Law Street
Media, LLC. Retrieved on April 7, 2016
from http://lawstreetmedia.com/blogs/ip-copyright/judge-shakes-off-suit-taylor-swift-using-lyrics/
Blistein, Jon (June 26, 2013). Will.i.am Takes Legal
Action Against Pharrell's 'i am OTHER' Brand.
Rolling Stone. Retrieved on April
7, 2016 from http://www.rollingstone.com/music/news/will-i-am-takes-legal-action-against-pharrells-i-am-other-brand-20130626
