Public Performance License: Stern but fair

I had the opportunity to listen to a variety of podcasts relevant to the music and entertainment industries. The podcast I found most relevant to live events was from Gordon P. Firemark, entertainment attorney residing in California. He represents artists, producers and directors in matters pertaining to their projects. The podcast is entitled Entertainment Law Update.

In the most recent podcast, episode 28, Firemark and his guests discuss current issues in entertainment law. The pressing topic of this podcast revolved around the Republican Presidential candidate campaigns.

To begin, music has been used to create buzz and excitement around different products, locations and people. When music is used synonymously to enhance products, like in commercials, it has strong branding powers. For example, General Motors used Bob Segar’s “Like a Rock” for their Chevrolet Truck commercials for over ten years. The song, more or less, enhanced the product. The same effect is seen when a song is used to enhance an individual. Newt Gingrich campaign team felt that the message in “Eye of the Tiger” by Journey was synonymous with Gingrich and enhanced his image. Everything was running smoothly until the campaign managers had received a phone call from Rude Music, Inc. Rude Music’s owner and co-author of the track, Frank Sullivan, had filed suit for copyright infringement for use of the song at the Federal District Court in Chicago. If the campaign managers have a public performance license, everything should be square for it’s usage but an interesting point may be presented.  Each campaign has some sort of video news coverage, as well as freelance video coverage. These videos surface on the Internet on blogs sites and other video streaming sites. With these sites generating revenue, and operating without proper license to have these songs playing in the background, there becomes an issue with infringement. The entrance music can now be seen a part of the video presentation of the candidate.

In addition to the issues presented, Canadian entertainment attorney, Bob Tartantino, presented a unique protection law for IP claims in Canada. The author can claim Moral Rights to their works and can pull their use anywhere they don’t feel fit.

The advent of the Internet has presented new and interesting issues regarding IP and copyright. With my future in event management, I present myself to liability. In order to play recorded music, I must follow correct procedure for legal use and obtain a public performance license and/or duration of use license, depending on the project.