TAKE IT DOWN! Will.i.am, Diddy, Kim Kardashian & More Send Takedown Notice Over Megaupload ‘Endorsement’ Video


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Folks, the issues raised in this lawsuit is one I will further discuss in depth from a social media law perspective and how You Tube works in the nearest future. For now, the legal issues raised here are two fold:

1. ‘Right of Publicity’ Law – The question of use of a person’s likeness or image raises a ‘Right of Publicity’ question. Follow my analysis on this issue in Naomi Campbell ‘Right of Publicity’ case.

2. Copyright Infringement – We’ve addressed the image and likeness through the ‘Right of Publicity.’ Now we have to address the songs themselves. A good case of copyright infringement I have discussed worth reviewing is the Mary J. Blige copyright infringement case.

2. Finally, a third issue is, when can consent be withdrawn? Megaupload maintains they had legal contracts from all artists. So, why are the artists reneging? We need more facts. However, this area will create the most contentious issues in this litigation. If the clause is as broad as claimed in the newstory, then good trial lawyers have something to fight about.

“Late last week, a surprising music video was released that featured many superstar recording acts and other celebrities endorsing Megaupload, a video-hosting website that is near the top of the enemy’s list for many in the entertainment industry. The video soon was removed from YouTube after a takedown notice was sent, prompting Megaupload to sue Universal Music for copyright misrepresentation.

We’ve confirmed that UMG did flag the “Megaupload Mega Song” for copyright abuse. But the label wasn’t the only entity to complain to YouTube. Turns out that some of the stars of the video were unhappy about having their likenesses and performances used by the company in the music video. One of those artists, Will.I.Am, also sent YouTube a takedown request.

Did Megaupload splice together the endorsements of various stars, including Sean “Diddy” Combs and Kim Kardashian, without their knowledge? Hmmm…

On Friday, the removal of the “Megaupload Mega Song” quickly became a trending topic on Twitter. Megaupload, a Hong Kong-based entity that recently was a target of an anti-piracy advertisement by the entertainment lobby, took the opportunity to play victim.

“Let us be clear: Nothing in our song or the video belongs to Universal Music Group. We have signed agreements with all artists endorsing Megaupload,” Megaupload CEO David Robb told TorrentFreak. ““Regrettably, we are being attacked and labeled as a ‘rogue operator’ by organizations like the RIAA and the MPAA.” THR, Esq. has the full story.

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WHAT IS Fashionentlaw™: It is a law blog discussing hot topics in pop culture that arise primarily out of the fashion industry and intersects/ collides with the law.

WHAT I DO: My name is Uduak Oduok and I am a California licensed attorney who helps creatives and business owners sleep better at night by protecting their creativity and reputation, securing their rights, and helping them with the monetization of their intellectual assets.

WHO I WORK WITH: I have counseled a range of clients from musicians, models, actors, actresses, and designers, to diverse business owners in numerous areas of the law including contracts, business law, fashion and entertainment law, copyright, trademark, and intellectual property law. I bring over two decades of first-hand knowledge and experiences that are as diverse as they are deep in the fashion and entertainment industries (modeling, retail, production, public relations, journalism, and publishing). I am an attorney who “gets it” when it comes to resolving legal issues for the fashion and entertainment industries.

INTERESTED IN TALKING TO ME ABOUT LEGAL REPRESENTATION? To arrange a consultation to discuss your case, contact me today at 916-361-6506 or email me directly at (uduak@ebitulawgrp.com).

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