Today I plan to discuss some entertainment law controversial in the early 2005 New Orleans artist Juvenile encountered and law suite about his independently created a song called Bad that Azz Up. The 2005 article mentioned, that Juvenile album produced by Cash Money Records and distributed by Universal Records. Juvenile was sued by an D.J. Jubilee.
James Brown the father of Funk music had a similar experience being excused of copyright infringement. Betty Newsome’s created a song called It’s a Man’s World; and registered it in 1964 under Clamike Music Publishing. Newsome hummed the melody to James Brown while the two-artist attempt to create a new song. Brown later recorded the international hit “ It’s a Man’s Man’s Man’s World” and assigned his rights in the song to Dynatone. Dynatone later registered the copyrights of the song, listing James Brown as the only author.
According to the (2005) article, Clamike and Newsome filed suit against Brown and Dynatone claiming that Brown’s recording was an infringement of “It’s a Man’s World” (2005 para 4) although a settlement was reached in 1967. The settlement stated that Newsome and Brown were co-owners of “It’s a Man’s Man’s Man’s World”, and that she would receive 1/3 and he 2/3 of the royalties it generated. Rather than sign the settlement Newsome decided not to sign the agreement, although the agreement went thru the process and Newsome accepted over $250,000 in royalties. (2005 para 4)
In April of 2001, Newsome filed suit claiming that the settlement was not binding upon her. Brown moved for summary judgment raising that the statute of limitation has passed on this settlement in Newsome 2001 lawsuit. The Federal District Judge in this case noted when copyright ownership is time barred; the underlying infringement claim is also barred. (2005 par 8)
Furthermore, about entertainment lawsuit controversy discussed in this blog posting. In 1973, the legendary Isley Brothers entered into a contract with CBS. CBS agreed to distribute The Isley Brothers music and pay royalties to T-Neck Records. (Nov 2005) However, in 1988 Sony Music acquired CBS records, thus becoming the successor in interest of the agreement between CBS and The Isley Brothers. The Isley Brothers went bankrupt in 1984. The bankruptcy caused Christopher Jasper to release of copyright claims T-Neck Records in exchange for $175,000. After Jasper lost the suit against T-Neck for unpaid royalties. Jasper turned around and sued Sony for copyright infringement, alleging that Sony unlawfully distributed The Isley Brothers music that Jaspers co-authored. Christopher Jasper claims that he joined the Isely brother prior to them signing the agreement between CBS and the Isley brothers. In the 2005, the federal District Judge held that Sony didn’t infringe Jaspers copyright in The Isley brothers music as a matter of law. Judge McMahon noted that copyright law prohibited a licensor from suing a licensee for copyright infringement. ( 2005 para 6)
Reference:
""Back
That Azz Up" by rap artist Juvenile did not infringe copyright to
"Back That Ass Up" by D.J. Jubilee, because Juvenile independently
created his song, Court of Appeals affirms." Entertainment Law Reporter
27.7 (2005): 1. LexisNexis Academic. Web. 7 Mar. 2013. Entertainment
Law Reporter 26.12 (2005): 1. LexisNexis Academic. Web. 7 Mar. 2013.
"Claim
that James Brown's "It's a Man's Man's Man's World" infringed
copy-right of Betty Newsome's "It's a Man's World" was barred by
statute of limita-tions and settlement of earlier case." Entertainment
Law Reporter 27.7 (2005): 1. LexisNexis Academic. Web. 7 Mar. 2013.
"Sony
Music did not infringe copyrights of co-author of songs by The Isley Brothers,
because company was licensed by other co-authors."Entertainment Law
Reporter 27.6 (2005): 1. LexisNexis Academic. Web. 7 Mar. 2013.
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