Designers, fashion television producers, this is a case you all should pay attention to. When you use music that does not belong to you, you need to obtain clearance for that work. If you are wondering why, revisit my discussions on Copyright Infringement here. You should consult with your lawyers who will help you obtain the rights and usage you need. The case below illustrates this important point to note.
“According to a lawsuit filed in U.S. District Court in California, at least 15 of Richardson’s recordings have been broadcast on multiple occasions without license or payment. Richardson and Zion Records are looking for an injunction and damages.
A CBS spokesperson says “this is a claim that is very much off key and has absolutely no merit”
Music on television typically requires both a sync license and a performance license from the copyright holder. But it’s the producer’s job to keep track of the music used. To do this, producers use an honor-code system of “cue sheets” to denote what music is used on a show. The cue sheets are then turned into performance rights organizations like ASCAP and BMI, which use the information to split up royalty collection.
It’s not a perfect system, and it’s been subject to much grumbling among artists, as well as a few lawsuits.
In this particular case, when Richardson watched America’s Next Top Model, he heard music that sounded very familiar. To prevail in a copyright case, he’ll have to beat the tough test that judges impose for infringement. But Richardson also saw something else on Top Model that he doesn’t find attractive.
He alleges that there are artists and artist administrators who are receiving money out of the show’s music budget — just not always the ones whose songs are being played.”
-THR, Esq. has the full story.
If you have questions about the legal issue raised here, you may contact me at (firstname.lastname@example.org)
FASHIONENTLAW blog, authored by Ms. Uduak, was first established in 2010. It is now incorporated, in 2021, as part of the FASHIONENTLAW LAW FIRM blog. The blog is for informational purposes only and provides legal commentary and analysis on the intersection of mainstream America pop culture and the law. It also provides updates on Ms. Uduak’s speaking engagements and press activities. For inquiries on topics covered please email (email@example.com).