Artists Corner
JOHN LENNON “Imagine” Lawsuit Dropped
YOKO ONO, the widow of late BEATLES frontman JOHN LENNON, along with record label EMI have dropped lawsuits filed against documentary makers who used a sample of Lennon’s song “Imagine” without permission. The documentary, “Expelled: No Intelligence Allowed,” a film by the Premise Media Corp. about scientists being discriminated against for opposing Darwin’s theory of evolution, featured a 15-second clip of the song. In the film, the clip of Lennon’s “Imagine” was used, along with the lyrics “Nothing to kill or die for/and no religion, too”, while footage of Joseph Stalin was shown.
The claims were dropped on October 7, 2008, after the New York Supreme Court denied a motion to prevent further showings of the film, concluding that the plaintiffs were not likely to overcome Premise Media’s “fair use” defense. The lawsuit was originally filed in April 2008 by Onoand son Sean, along with Lennon’s son Julian, and publisher EMI Blackwood Music Inc.
Although the filmmakers claimed victory with this development in the case, they had already removed the song from the documentary’s DVD release.
eFlux Media, October 8, 2008 (Jane Ivory)
Yoko Ono Drops Lawsuit over Use of John Lennon Song
TIM McGRAW Sued For Copyright Infringement
Country music star TIM McGRAW has been hit with a $20 million copyright infringement lawsuit over his song “Everywhere.” James Martinez filed suit against McGraw in August 2008 in a U.S. District Court in Texas.
In the suit, Martinez alleges the singer lifted “Everywhere” from a tape containing his track “Anytime, Anywhere Amanda.” The audio was originally given to a team of songwriters who also wrote tracks for McGraw’s 1997 album, also titled “Everywhere.”
The track “Everywhere” was written by Mike Reid and Craig Wiseman, who are also among the names listed in the lawsuit. The suit alleges that “The Defendants internationally released and distributed the “Everywhere” album containing their infringing copies of a song substantially similar to the Plaintiff’s song.”
McGraw’s attorneys are confident the case will be dismissed altogether, commenting that the accusations are “totally without merit.”
CMT.com, August 6, 2008 (Calvin Gilbert)
Tim McGraw Copyright Infringement Suit Grabbing Attention
PRINCE Pushes for Video Removals From YouTube
PRINCE and the labels that represent his music have recently been involved in several controversial video removals in an attempt to protect the infamous artist’s copyright at YouTube.
Most recently a case was filed by Stephanie Lenz, a mother who filmed her young children dancing in their kitchen to the Prince song “Let’s Go Crazy.” She posted her video to YouTube where it was removed due to a DMCA takedown notice from Universal. She filed a counter-notice stating that her video was non-infringing, and then with the assistance of the Electronic Frontier Foundation, sued Universal for sending a takedown notice over a video she says it should have known was non-infringing.
On August 22, 2008, U.S. District Court of California Judge Jeremy Fogel ruled that the video could stay on YouTube and that the copyright holders must consider whether the use of the work is “fair use” under law before unleashing a takedown notice under the Digital Millennium Copyright Act.
Universal Music defended its decision to remove the videos: “Prince believes it is wrong for YouTube, or any other user-generated site, to appropriate music without his consent. That position has nothing to do with any particular video that uses his songs. It’s simply a matter of principle.”
In May 2008, NPG Records on behalf of Prince also requested that all versions of his RADIOHEAD cover of “Creep” be removed from YouTube. The artist sang the song at Coachella Valley Music & Arts Festival.
Some have criticized that these actions have only served to make more people aware of the videos and will send music fans on a scavenger hunt to find them. The extent to which artists can protect their copyright at online sites like YouTube continues to be shaped by the courts’ decisions.
ARS Technology, August 21, 2008 (Timothy B. Lee)
Fair Use Gets a Fair Shake: YouTube Tot to Get Day in Court
Los Angeles Times, May 30, 2008 (Todd Martens)
Prince vs. Radiohead: Whose ‘Creep’ is it?