Gordan Firemark a lawyer out of California provides a monthly podcast on www.entertainmentlawupdate.com. Whenever I have questions or even need free legal advise about the entertainment industry I flood this site. Although the topics of discussion are random they apply to common topics in different industry of entertainment. In episode eight, Mr. Firemark touched upon trade infringement. Apparently, Google will be releasing a new phone called “Nexus one,” a claim has been dropped from an author who used the name “ Nexus six,” in his published book. The discussion actually opened my eyes to a lot, and at that particular moment I realized people would sue pretty much for anything. Mr. Firemark went on to break down the potential case giving legitimate reasoning for why the plaintiff in the case mostly would not being.
The term Nexus was only used once in the plaintiff’s book and the cell phone provider is in no way using the term in the same light as used in the book. While Mr. Firemark goes in- depth about the pros and cons he eventually gives his opinion stating the plaintiff had no case. This type of discussion can be applied to my business just as the discussion in episode number 17. In episode 17 Fire mark discussed a case involving potential copyright infringement. This incident is something all music composers should watch for because something that seems so incident and harmless could cause uproar. A young man created a song from tweets that Kayne West tweeted and actually preformed the song on a late night show. Although the young man was never tried in court Firemark makes a valid point when implying a potential case. He explains that if Kanye or Twitter tried to sue the young man could argue fair use and parody.
He explains why throughout the podcast but cautions the listener to be careful. The young man could argue parody because the content of the song was comical, references random Kayne tweets. He could argue fair use Firemark explains because the attention was not to confuse or tarnish Kayne name or image. The song was created for pure fun and entertainment. This is why I tune and to get my daily dosage of legal advice because you never know when a situation may occur in the entertainment when some of the podcast you hear may come into play, sense the entertainment industry is filled with con artist. In a final podcast that was my favorite since it relates directly to what I do Firemark brings up the issues in a copyright infringement case that left songwriters with 47.5 million dollars. In a case that involved Sony Canada the songwriter were awarded the millions of dollars after it was found that Sony had reproduced thousands of copies of the writer music without their consent. As a songwriter this is something I will stay aware of because release un-licensed productions can lead to a road of unwanted problems. Firemark explains that licensing and clearance needs to be received before other can use it for profit or any other reason.
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