Wednesday, March 30, 2011

OMG,lots of Liabilities!








When starting your own company there are several issues a company can run into. BCB Entertainment (my company) is a video production company that targets unsigned, independent and indie artist of all genres. We create music video along with photography for these artists and distribute it to record labels and other sources. BCB entertainment also has an online site where we upload artist music and the site also allows the artist to download free mix tapes and other music uploaded to the site. Well, a couple years ago back in 2006 Universal Music group sued MySpace for copyright infringement. Since my company provides a similar service I’m sure this is could possibly happen to my company. The main issue in this case was Universal Music Group had not granted MySpace the rights to post the artist signed to that labels music on Myspace for users to download. The key element here is to get permission from the creator so you can publish their songs on your site, if you don’t have the rights to the music. Another legal liability could be royalties over music or video productions. Lets say for example, we (BCB Entertainment) create a concept for a video for an unsigned artist and pitch to record labels and they like it and it becomes a hit. There after the dance used in the video becomes a trademark on TV shows and commercials etc. There could be a debate over who gets the royalties for that dance how much money should be awarded. This is a similar issue that took place with a hit song wrote by songwriters A-Rex. The song entitled “ One Less Lonely Girl,” was featured on Justin Bieber’s debut album. Well apparently the song blew up and the title of the song has been featured on merchandise throughout the country. The songwriters feel they are entitled to the agreed amount of royalties and have taking it court. While the outcome of this case as yet to be decided this is something that can easily happen to BCB Entertainment or any company producing something for someone else for profit. This is why little details in a contract are very important it should always underline every aspect of product or service. Another liability my company could be held liable for is damaged rental property. For instance, while searching the web for relevant articles I came across an article on rap-up.com, which featured a lawsuit against Rapper Nicki Minaj. According to rap-up.com, the rental company that lent Minaj the vehicle is suing here over damage (12,000 to be exact) to the Lamborghini that she drove in a video shot back in 2010.  This is something that can occur therefore all property used from other services need to be treated with delicate care, also a check list needs to be done that way any damaged found on property before usage will not be pinned on the new user. All and all these articles have opened up my eyes to a lot of liability issues that come with the type of business I plan on conducting.

By Brittney. B

References:




http://www.rap-up.com/2010/06/12/nicki-minaj-sued-over-lamborghini/

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