Sunday, September 7, 2014

Legal Issues in the Entertainment Business

Today’s journal entry will be about three different types of current legal liabilities that are associated within the entertainment industry. The first controversy that I will be discussing is about Hip Hop Icon Jay-Z and his battle with sound engineer Chauncey Mahan over the rights how his music. Sound engineer Chauncey Mahan is suing Jay-Z to be a joint author of 45 of Jay-Z songs. Jay-Z has hired Andrew Bart at Jenner & Block who has an outstanding reputation as an attorney. Jay-Z has filed a motion to dismiss Chauncey Mahan’s lawsuit arguing that he should have filed in a timely fashion. Most of these songs were recording over 14 years ago during Jay-Z’s early part of his career. The defendants argue that Chauncey has plenty of notice through copyright registration certificates, album liners notes, and more that he was not the co-author. They say if he had a problem with that he should have said something about it back then. I agree, I think he should have filed sooner. I would like everyone to be paid what he or she deserves. However if he felt that he was the co-author and he was not properly being attributed. It should not have taking him 14 years to make up his mind and file against Jay-Z. It seems a little be out of spite if you ask me.

Second discussion is about Dr. Noam Lazebnik and Apple’s lawsuit over the final season of Breaking Bad. Apple advertised to their customers that they would be selling the final season of Breaking Bad for $21.99 for high definition and 13.99 for standard definition. The season pass was supposed to include the entire season five of Breaking Bad. However, when AMC announced that they would be splitting the final season up between the fall 2012 and the spring 2013. Apple had to explain to their consumers why they had to purchase two seasons passes for the fifth season. Apple apologized and began to refund their customers who purchased the second season pass. But Apple disappointed many other customers like Lazebnik who purchased the first eight episodes and then was told that they would also have to purchase the second half of the season when it was release the following year. Apple argues that Dr. Noam Lazebnik didn’t actually read the statement about the season pass because his son-in-law purchased the season pass with his credit card. Apple also contended that it never made any explicit promises that Season Five purchasers would be all 16 episodes. They have even passed the buck pointing fingers at AMC. Personally, I feel that Apple should be responsible for their part. Apple advertised a season pass, so their customers should have been able to get the season pass. Breaking Bad is not the only television series that has spread their episodes across the fall and spring seasons. Apple should have been aware once they realized they only had eight episodes that the season was incomplete. They advertised a season pass, so the must deliver what they promised.

The last controversy is about Disney’sopposition to Deadmau5 trademark. Deadmau5 is an EDM musician and he is currently registering his signature logo as a trademark. Disney has recently filed formal papers opposing the attempted registration. Disney argues that the caricature of a mouse with black ears, black face, white eyes, and white mouth is nearly identical in appearance to the Disney’s mouse ears marks. Deadmau5 argues that consumers will not confuse a musician logo with a cartoon character. However the Deadmau5 logo does look similar to Disney’s iconic Mickey Mouse logo. I believe that it will be interesting to see whether Disney is able to oppose the registration. The Disney brand is associated within several different industries including music, film, and television. Deadmau5 might have to change the color or shape of the logo to successfully register the trademark.

Intellectual property can create serious legal issues for any type of company or brand in the entertainment business. Whether the controversy is about musical rights, false advertisement, or trademark registration. A business owner must be weary when dealing with different legal liabilities. Depending on the issue, a legal battle can cost a company millions of dollars in court fees and settlements. It is extremely important for entrepreneurs to be aware of the many potential problems that might arise when creating future business plans. Any miscalculations can become disastrous.