Archive for category Blogging

Are artists experts on what to do with a record?

So one of the many blogs I follow (I really need to add a blog roll to this site) is Music • Technology • Policy by Chris Caste.  A recent part of Chris’s post got me thinking:mc_hammer

I have learned that the very best person to ask about what to do with a record is the artist. They may not know all the answers, but they usually have some pretty good ideas. And it is, after all—their record.

wouldn’t ask someone in the email business what they think about selling records, and I wouldn’t expect them to ask me about the email business. I’d be more likely to ask them what they think about giving email away for free, and they’d probably tell me.

Is the best person to ask about what to do with a record the artist? I would argue no.  Artists’ expertise is making music not necessarily selling albums.  Record executives, marketers, A&R representatives, agents, and others know more about what to do with a record than the artist.

Need proof? The following musicians have all declared bankruptcy: Tom Petty, Isaac Hayes, Cyndi Lauper, Willie Nelson, Marvin Gaye, TLC, Mich Fleetwood, and MC Hammer.  While this may prove more about their inability to manage finances than their knowledge of what to do with a record, the two are related.  Selling records is a business; making music is an art.

While Lilly Allen may have important things to say about the music business as an artist, the fact that she is an artist does not make her an expert on what to do with a record.

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Where Blogging and Branding Clash

EverydayFoodieYesterday my girlfriend alerted me to a post over at one of the food blogs she follows.  The blogger had received a cease and desist letter from a major brand alleging trademark infringement. After receiving legal advice the blogger has decided to abide the cease and desist letter despite a relatively strong legal position.

The post goes on to complain about the cease and desist tactic.  However I believe her response is one of the very reasons this tactic continues to be used where it shouldn’t be.  Instead of asking the brand to justify its position the blogger has acceded to their outrageous demands.  The attorney who sent the demand can report beak that he successfully defended the brand without mention the potentially devastating brand tarnishment that occurred by treating  a popular food blogger as a criminal.

We the people are stuck in a legal catch-22.  We continue to receive cease and desist letters and take down notices which border on ridiculous.  However fighting them can put oneself in an untenable position.  Having to fight a legal war against a large corporation with significant legal resources.  As a result the cease and desist letters and take down notices become more frequent as attorneys can cite their high success rate.

Until someone fights back and can get a judge to award a major penalty for sending unwarranted cease and desist letter corporate attorneys can continue to  blindly send out unjustifiable take down notices and claim victory.  The sad truth is that no one is winning.  The brands that the attorneys represent lose major PR and brand loyalty every time one of these letters is sent to someone it shouldn’t have been.

There is hope though!  United States District Judge Jeremy Fogel, denied a motion to dismiss in a lawsuit filed by Stephanie Lenz against Universal Music alleging misrepresentation pursuant to a DMCA take down notice. Fogel also held that copyright owners must consider fair use before sending take down notices.

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Slow day in IP news

Recently I have been stumbling across exciting IP news everywhere I turned. The desire to share and talk about these issues is the reason I started this blog. However, it seems that I started it too late as it has been a slow IP news day.

On a side note, there is an interesting post over at Eric Goldman’s blog (a SCU Law Professor!) about a recent court decision about blogs. The court held that taking facts from someone else’s blog post and using them to create your own did not violate copyright law. This is great news for me, because it means it takes less work for me to post!

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