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Yawn -- you entertainers make the music, you get paid big sums of money -- YOU DO NOT GET TO CENSOR how your music is used. Don't like it? Tough. Go get a real job.
You better read through this thread. If the venue has been given the rights to play the music -- by the music company -- and if there is a contract stating such - then the artist has no say in the matter.
Stands to reason if Pharell Williams has sent a cease and desist letter that he has entered into no such agreement, doesn't it?
Bars and restaurants pay a yearly fee to a number of organizations. Sometimes its in the thousands per year for a license. That allows cover bands to play at that particular bar. School districts, colleges, municipalities all pay the fee too.
That's what Nashville is all about. Its not as much about country music as it is about songwriting. It allows the song writer and the song performer, who these days are two different people, to earn a living off a single song.
If they are not banking from it, what are you going to sue for? no money is gained, no money is lost. Courts are funny about that aspect when awarding damages.
Per the article: "King claims the use of 'Happy' without consent constitutes both copyright and trademark infringement.
'Pharrell has not, and will not, grant you permission to publicly perform or otherwise broadcast or disseminate any of his music,' [his attorney, Howard] King wrote."
OK, unless Trump doing an unauthorized use of merchandise or services, I don't see how it violates trademark laws. Also, let's not forget that there is such thing as fair use thought that is situational and a court decides that situation meets the fair use criteria.
Again, you're wrong, BB. You don't have to make money to violate one's copyright. One of the places that violated my copyright learned tis. A weekly newspaper held a photography contest. I looked over the rules and they were fine. Some photography contests include the writing that they can use your shot in any way they feel free. I don't enter those contests. So I entered the contest and.... well, I did not win.
A week later, I see one of my photographs used in their paper as background for an ad for a national beer company. In the course of two weeks, I negotiated a deal with the owner of the paper where they paid for their copyright violation by writing me a check for more than what they were offering in the photography contest. You can't just use other people's work in any manner you wish. It's often an expensive lesson to learn. I'm still using the llens I bought with some of that money though.
If they are not banking from it, what are you going to sue for? no money is gained, no money is lost. Courts are funny about that aspect when awarding damages.
Not just banking but I assume also image. Some people don't want certain politics to be the face of their music. He doesn't want Donald Trump to be the first thing they think about when his song comes up.
Yawn -- you entertainers make the music, you get paid big sums of money -- YOU DO NOT GET TO CENSOR how your music is used. Don't like it? Tough. Go get a real job.
Yawn -- you entertainers make the music, you get paid big sums of money -- YOU DO NOT GET TO CENSOR how your music is used. Don't like it? Tough. Go get a real job.
Wrong.
A song is the intellectual property of the songwriter, and like any other property, it's use belongs to the person. The songwriter makes money by licensing the public useage of the song. To license, the writer must give permission to use the song first. Otherwise, it's piracy.
It's exactly the same as when you use a computer's software, or a photo someone as copy righted, or even what you post on a forum. Your creative ideas are yours, and you have full legal rights to them as property. All you have to do is copy right them, and your ideas are legal property.
Don't it? Tough. No one cares what you like or not. It's the law, and it can work for you too if you ever have an original idea that's worth money to someone else.
Songwriting is as real a job as any other. If you think its easy, try it sometime.
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