Copyright Law Case Study
Music Business
Music Technology & Production Year 3
K00121700
Case Study
Ronan Mitchell
Abstract
Copyright Law is an important entity within the music industry. It protects the owner of authorship from infringement. Infringement arises when the copyright owner’s work is used without their consent. Although sounds cannot be copyrighted, some cases have shown that the argument of copyrighting one’s voice can sometimes hold weight in a court of law. Singer Tom Waits sued snack manufacturer Frito Lay for hiring a singer to impersonate him in an advert. Mr. Waits felt that his artistic copyright had been infringed upon. Frito Lay’s defense argued that a voice cannot be protected by copyright law as it is a sound and not a musical piece of work. They referred to a similar case involving Bette Midler in which she sued Ford motors for using an impersonator in a commercial to imitate her voice. Although Midler lost the case, it created ambiguity over the issue of an artist’s right their voice, if they believe it to be distinctive. Tom Waits, unlike Bette Midler, won the lawsuit and earned him $2.6 million. This case served to highlight the complexities involved with advertising agencies using, not only an artist’s work, but also their identity.
Introduction
The music industry is notoriously rife with legal disputes. Many of these are due to infringement of copyright. A grey area arises, however, when it comes to advertising. In a lot of cases, an artist will gladly accept royalties and/or remuneration to have their song featured in an advertisement. But in certain instances, artists will have strong opinions about having their music feature in an advertisement. When this happens, advertising companies who use this artist’s work can find themselves in the middle of an ugly legal dispute.
This case study endeavors to discuss some of the legal complexities involved when advertising companies use an artist’s musical work. Several cases exist in
Music Technology & Production Year 3
K00121700
Case Study
Ronan Mitchell
Abstract
Copyright Law is an important entity within the music industry. It protects the owner of authorship from infringement. Infringement arises when the copyright owner’s work is used without their consent. Although sounds cannot be copyrighted, some cases have shown that the argument of copyrighting one’s voice can sometimes hold weight in a court of law. Singer Tom Waits sued snack manufacturer Frito Lay for hiring a singer to impersonate him in an advert. Mr. Waits felt that his artistic copyright had been infringed upon. Frito Lay’s defense argued that a voice cannot be protected by copyright law as it is a sound and not a musical piece of work. They referred to a similar case involving Bette Midler in which she sued Ford motors for using an impersonator in a commercial to imitate her voice. Although Midler lost the case, it created ambiguity over the issue of an artist’s right their voice, if they believe it to be distinctive. Tom Waits, unlike Bette Midler, won the lawsuit and earned him $2.6 million. This case served to highlight the complexities involved with advertising agencies using, not only an artist’s work, but also their identity.
Introduction
The music industry is notoriously rife with legal disputes. Many of these are due to infringement of copyright. A grey area arises, however, when it comes to advertising. In a lot of cases, an artist will gladly accept royalties and/or remuneration to have their song featured in an advertisement. But in certain instances, artists will have strong opinions about having their music feature in an advertisement. When this happens, advertising companies who use this artist’s work can find themselves in the middle of an ugly legal dispute.
This case study endeavors to discuss some of the legal complexities involved when advertising companies use an artist’s musical work. Several cases exist in
References: * Graff, G & Durchholz, D 1998, Musichound Rock: The Essential Album Guide. Visible Ink, Detroit * Jacobs, J.A 2000, “Copyright: Tom waits Vs Frito Lay”, viewed 04 January 2013, < www.tomwaitsfan.com/tom%20waits%20library/www.tomwaitslibrary.com/copyright-fritolay.html> * Los Angeles Times (1989), Bette Midler Loses Ford Sound-Alike Lawsuit : Celebrity: $10-million suit over TV car commercial is dismissed but action against the ad agency is allowed to stand, viewed 06 January 2013, http://articles.latimes.com/1989-10-27/business/fi-901_1_bette-midler * Lurie, K. (1994) Waits v. Frito-Lay: The Song Remains the Same.. Cardozo Arts & Ent. LJ, 13, 187., Available at: http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/caelj13&div=26&id=&page= [Accessed: 6th January 2013]. * Neff, F. 2012, "Copyright and Related Rights Act 2000; Introduction to Copyright Overview And Originality in Copyright", * Neff, F. 2012, "Authorship and Ownership of Copyright; Copyright and Related Acts 2000 Sections 21 to 23", * Roesler, M. (1992) Waits v. Frito Lay,. 978 F. 2d 1093 (9th Cir. 1992), Available at: http://www.markroesler.com/pdf/caselaw/Waits%20v.%20Frito-Lay%20Inc.%20_1992_.pdf [Accessed: 6th January 2013] * University of Missouri Kanas City School of Law (1992) Waits v. Frito Lay, Inc. United States Court Of Appeals For The Ninth Circuit, Available at: http://law2.umkc.edu/faculty/projects/ftrials/communications/waits.html [Accessed: 4th January 2013]. *