“Passengers on a flight from France to Mauritius have filed suit against Air France after musician Bonnie Tyler performed a song at the request of the co-pilot. … The complaining passengers reportedly claimed they were traumatized by the experience and had feared for their safety during the celebration.” (“Passengers complain after Tyler sings”, UPI, Sept. 3). Flyertalk pages us (Sept. 5) and David Lat also notes the case (Sept. 6).
Posts Tagged ‘music and musicians’
Milk of RIAA’s kindness; “spamigation”
Iola Scruse, 66, of Louisville, who is on Social Security and paying bills for dialysis, “must pay $6,000 for the 872 songs her grandchildren downloaded, in addition to court fees.” Scruse “said she has no idea how she will pay the fine or what her next action will be.” Self-employed engraver Michael Brown paid $5,000 “because his teenage daughter had shared nearly 900 music files with others”. And: “No lawsuits anywhere have gone to trial, said Jenni Engebretsen, a spokeswoman for the Recording Industry Association of America, a trade group that files the suits on behalf of the companies. … ‘We hope that what is coming out of these lawsuits is that parents are having conversations with their kids,’ she said.” (Amy H. Trang, “Illegal downloads create unlikely defendants”, Louisville Courier-Journal, Jul. 31). The recording industry had sued a Ypsilanti, Mich. man for unlawful downloads; after he died, “the RIAA made a motion to stay the case for 60 days in order to allow the family time to ‘grieve’, after which time they want to start taking depositions of the late Mr. Scantlebury’s children”. (new blog Recording Industry vs. the People, Aug. 13; see David Berlind, ZDNet, Aug. 14).
Relatedly, Brad Templeton (Interesting People message list, Aug. 19; via Boing Boing) has coined the term “Spamigation” for litigation or threats of litigation mass-generated by automated processes:
The RIAA strategy is an example of a new legal phenomenon that I have dubbed “spamigation” — bulk litigation that’s only become practical due to the economies of scale of the computer era. We see spamigation when a firm uses automation to send out thousands of cease and desist letters threatening legal action. We saw it when DirecTV took the customer database for a vendor of smartcard programmers and bulk-litigated almost everybody in it…
The RIAA uses systems to gather lists of alleged infringers, and bulk-sues them. It has set a price that seems to be profitable for it, while being low enough that it is not profitable for the accused to mount a defence, as they do not get the economies of scale involved.
“Our Lawyer Made Us Change The Name Of This Song So We Wouldn’t Get Sued”
Peter Lattman reports about the band Fall Out Boy:
“Our Lawyer Made Us Change The Name Of This Song So We Wouldn’t Get Sued” was originally called, “My Name is David Ruffin and These Are the Temptations,” Wentz says. After Ruffin broke with the famed Motown group, he kept attending shows and would steal the microphones away from his former bandmembers, unable to wean himself from the limelight. Wentz says his original song title, “was a play on Ruffin’s egomania and general narcissism.” Here are the song’s lyrics.
Wentz’s father advised his son against using the song title, for fear that the group would be sued. Did the younger Wentz listen? “No, because he was my dad. He advised me against a lot of things that I do,” he said with a playful hint of mischief in his voice. According to Wentz the Younger, the band’s lawyers also told them they’d be slapped with a hefty lawsuit, and offered up a few options — they could sign a waiver; include a reference to Ruffin in the song (which somehow would shield against a lawsuit); or change the name of the song.
Lattman wonders why including Ruffin’s name in the song would shield against a lawsuit, and the answer comes from the Sixth Circuit’s deplorable decision in the Rosa Parks case, which we covered Apr. 15, 2005:
The Sixth Circuit held that the rappers did not have a first amendment right to name their song “Rosa Parks” because they could have called it “Back of the Bus” rather than use an allusive title. One looks forward to more federal court diktats over song titles. (Parks v. LaFace Records (6th Cir. 2003)).
Lattman reports that Wentz says the band is hit with a lawsuit a day and has to retain an attorney half-time.
London’s (and Belfast’s) libel-shoppers
Britney Spears has resorted to the courts of justice in Belfast, Northern Ireland, to slap down the National Enquirer, while singers Paula Abdul and Whitney Houston are reported to be contemplating similar trips in search of the plaintiff-friendly libel laws of the United Kingdom. Aren’t they just a little bit ashamed of themselves? The “speedy results and whopping damages” of defamation suits in the U.K. “might be nice for the celebrity claimants. But it’s bad for those of us who live in Britain permanently. These libel tourists are helping to prop up our illiberal, antidemocratic, and ‘repugnant’ libel laws, which are an offense to free speech and open debate.” (Brendan O’Neill, “Throwing our judicial junk in Britain’s backyard (or courts)”, Christian Science Monitor, Jul. 24). But actually, reports Mark Stephens in The Times (London) Online, it is global business magnates rather than entertainment figures who are nowadays the busiest libel tourists in the British courts. They come from America, Russia and the Middle East to squelch the naughty insinuations of the financial press that not everything about their business dealings is on the up and up (“New celebrities of the libel courts”, Jul. 18).
New column — Times Online
I’m pleased to announce that I’ve begun a new periodic gig as a columnist on American law for the online Times (the London-based one). My first effort examines the possibility, discussed in this space recently, that fans of Barbra Streisand might file a class-action lawsuit against the singing legend because she is again doing a concert tour years after a tour that was supposed to be her farewell. (Walter Olson, “The long, long, long goodbye”, The Times Online, Jun. 27).
Incidentally, British readers visiting this site for the first time will find an archive of UK-related material here.
“Rival bands clash over little-person KISS tribute”
One tribute band consisting of, er, miniature performers of KISS songs and routines has sent a cease-and-desist letter to another such tribute band. (Robert W. Welkos, “Rival bands clash over little-person KISS tribute”, LA Times, Apr. 11).
Intellectual Property Run Amok
Mother Jones provides an amusing roster of facts pertaining to the crazy world of intellectual property protection. Among my favorites:
AMONG THE 16,000 people thus far sued for sharing music files was a 65-year-old woman who, though she didn’t own downloading software, was accused of sharing 2,000 songs, including Trick Daddy’s “I’m a Thug.” She was sued for up to $150,000 per song.
NINETY-ONE pending trademarks bear Donald Trump’s name, including “Donald J. Trump the Fragrance” and “Trump’s Golden Lager.” He failed to trademark the phrase “You’re fired.”
FOR INCLUDING a 60-second piece of silence on their album, the Planets were threatened with a lawsuit by the estate of composer John Cage, which said they’d ripped off his silent work 4’33”. The Planets countered that the estate failed to specify which 60 of the 273 seconds in Cage’s piece had been pilfered.
Future sexually-frustrated-fan celebrity class actions
1) Ever since a tabloid story broke claiming that former American Idol runner-up Clay Aiken was gay, there have been rumors that fans would file a class action lawsuit alleging consumer fraud. To date, noone has been that ridiculous (though the suit would be no more ridiculous than many successful consumer-fraud class actions), but the New York Post reports that gay-bashing fans have filed an FTC complaint alleging that they were misled as to the star’s sexuality by record-company promotions. If the theory holds water, celebrity magazines could use consumer-fraud-class-action civil discovery to uncover whether maverick movie stars have been engaging in risky business in the closet, with the firm chance that a few good men could suffer collateral damage to their privacy. (Other discussion of civil discovery and privacy: Feb. 9.)
2) The Smoking Gun has published correspondence from Jessica Alba’s attorneys threatening Playboy with suit over using her image on the cover. Without getting into the merits of her claim, I was entertained by the argument that Alba’s presence on the cover implied falsely that she would appear nude within the magazine (in fact, the magazine merely had a publicity still of Alba inside). One wonders if, should Alba fail to win an injunction against magazine distribution, there will be a creative class action from readers alleging consumer fraud by the failure to meet the implicit promise of photos of a naked Alba. (h/t to Slim)
Steve Berman sues Apple over iPods
Specifically, Seattle attorney Steve Berman (Nov. 24, 2003 and links therein), on behalf of a Louisiana man, accuses Apple of selling a “defective” product because it can cause hearing loss if one turns up music to maximum volume using headphones. The lawsuit, filed in San Jose, seeks class action status, even though each member of the putative class will come to the table with different pre-existing knowledge about audio safety and different usage patterns for their device. (Many iPod users don’t use headphones at all.) Each iPod comes with a warning that “permanent hearing loss may occur if earphones or headphones are used at high volume,” but, of course, the lawsuit alleges that the warning is insufficient. The plaintiff, John Kiel Patterson, doesn’t even claim that his hearing has been damaged, thus making it a typical “Harm-Less Lawsuit.” (Dan Goodin, AP/Yahoo, Feb. 1, h/t W.F.)
Update: a pdf copy of the complaint.
Update: UK fun licensing
Despite warnings that it could imperil the livelihood of musicians, Punch-and-Judy stalls, buskers and traveling entertainers generally (see Apr. 1, 2004), the British government in November put into effect new regulations requiring licensing of temporary public amusements. Now the Guardian reports that critics’ predictions are coming true, as the rules have begun to strain smaller circuses, neighborhood music venues hosting jazz or ethnic music, street artists and charity Christmas carolers. “The only exemptions were for morris dancing, travelling fairgrounds and garden fetes.” (Mark Honigsbaum, “Circus performers get caught in the act”, The Guardian, Dec. 28).