Bureaucracies grounded in suppression, through actions and/or inactions that result in people suffering from scarce resources and unfair practices, have long been associated with the woes of the economically and socially deprived.
Could similar systemic forces be the root cause of situations that lead to excessive litigation for many entertainment artists?
We must remember that oppression of one is oppression for all. In his Letter from a Birmingham jail, Dr. Martin Luther King, Jr., states the concept more eloquently as in the excerpt below:
Moreover, I am cognizant of the interrelatedness of all
communities and states… Injustice anywhere is a threat to justice everywhere.
We are caught in an inescapable network of mutuality, tied in a single garment
of destiny. Whatever affects one directly, affects all indirectly. Never again
can we afford to live with the narrow, provincial "outside agitator"
idea.
The
accuracy of Dr. King’s treatise manifests through the reactions and
consequential realities that exist for those closest to the oppressed as well
as through the onlookers of inequity. Our interdependencies can lead to
encounters that may yield conflict. However, being draped in the cloak of
togetherness thus bonded by truth, harmoniously resolving conflict based on prudence should be our
primary goal. Commitment to practicing the fundamentals of positive productive
negotiations that generate mutually beneficial returns when transacting entertainment
management business will minimize potential litigation.
The
absence of these basic principals can cause dissention that spirals into legal liabilities,
which cost substantial time, money and enormous opportunity costs. These
factors weigh heavily on an artist’s career. Such can be witnessed from an examination
of events that lead to the social, economic, legal, psychological and physiological
demise of many artists historically.
Most recently notable among this vast group is Michael Jackson.
As one
who is greatly inspired by my cyber-mentor, who is living with retinopathy, the
case of Cariou vs. Prince is currently relevant to a gift
I personally created from the protected work of another artist. Motivated
through my studies, I commissioned an artist months ago to create a very special
gift. The artist was unable to deliver the gift; therefore, I was inspired to
create a unique gift that could be seen through the eyes of my online mentor. Studying
the impact of the case has eased my concerns about transforming another’s work without
obtaining express permission. This case confirms that newly transformed artwork
would be protected under the doctrines of fair use if it is distinctly different and transformative.
Two
weeks prior to Stevland Morris’ birthday and a few weeks before the seventh
year anniversary of his mother’s transition, I witnessed an interview in which
my life-long hero appeared distraught about the potential for nuclear
war to arise. Realizing that this time of the year could be stressful for him,
particularly coupled with his inability to, like Dr. King, live outside
of the realm of festering world discord, I felt a deep need to deliver a gift
that would uplift him and let him experience the return of love and joy that
he shares through his music and never-ending good deeds. According to the
doctrines of fair use, because my artistic concept is not only uniquely different, it has the purpose of transforming the Rotell etched pencil drawing for the sighted into the Searles & Allen creative artistic form for the blind and visually impaired to see, therefore it should be protected under the fair use doctrine. In the case of Cariou vs.
Prince, the lower court ruled in favor of Cariou on the basis that Prince’s
works were not transformative because he did not comment on the original works
of Cariou. This decision was unanimously reversed on appeal with three
judges consenting that comment on original works
is not prerequisite to demonstrating transformative use.
Would Black Jesus on the right qualify for the fair use defense to copyright infringement?
Would Black Jesus on the right qualify for the fair use defense to copyright infringement?
 |
| Searles & Allen Black Jesus for the Visually Impaired |
 |
| Rotell Black Jesus Original Print |
My interpretation of fair use is clear; on the other hand, the decision in the Kelly-Brown v. Winfrey case where a U.S. Court of Appeals overturned Oprah Winfrey’s victory in a New Jersey district court arising out of trademark-infringement allegations is perplexing. “The First Amendment prevents a trademark owner from using trademark law to limit public discourse (Butler 108).” Winfrey’s legal team argued this defense, however, on appeal the judge stated that Winfrey’s argument was inadequate for supporting the fair use defense.
The most heartbreaking case in current history that could
affect my business plan is the kind of perpetual litigation that tormented Michael
Jackson and which now plagues
his mother, Katherine Jackson as well as his children, who filed a wrongful death suit against the
promoter and producer of the concert that resulted in the entertainer’s
fatality. Anschutz Entertainment Group (AEG) is accused of being negligent in
hiring Dr. Conrad Murray without conducting a background check. Julee Milham,
former Chair of the entertainment Art and Sports Law section of the Florida Bar
and a guest lecturer for a Full Sail University class, highly emphasized the
importance of conducting investigative research on all people that will be
interacting with artists in her top advice for Advanced Entertainment Law
students aspiring to become artist managers.
AEG’s accusations of extortion by the Jackson’s, in my
opinion, represents shameless debauchery and the epitome of humiliation to the
Jackson’s, their friends, loved ones, and loyal fans. Apparently throughout the
life of this ancestral Prince of
Peace, systems of greed resulting in the exploitation of some major artists
has plagued Michael Jackson’s soul as the true extortionists thrive from the
pain of his genius, even onto his transition.
As a TrueVine Entertainment Product and Artist Executive,
it is my goal to utilize the knowledge gained through the research conducted herein
for the purpose of providing clients with strategies that limit liability and
to conduct sagacious business interactions that protect intellectual property. We will protect artists from burnout as well as conduct background and security
checks on everyone having contact with our artists.
Butler, Joy R. The
Permission Seeker's Guide Through The Legal Jungle: Clearing Copyrights, Trademarks
And Other Rights For Entertainment And Media Productions. VitalSource
Technologies/MBS, 062007. <vbk:MBS1001866#page(108)>.