The State of the Music Biz Nation

By Fate Sensation

Issue #08 (April/May 2007)

6-12-07

As he writes this, Fate Sensation is enjoying the onset of 110° weather here in balmy Arizona…

Deluxe Edition Of Beyonce's B'Day Pulled From Shelves

The Deluxe Edition of Beyonce's album, B'Day, was removed from shelves after her record label was sued for copyright infringement. The lawsuit stems from the inclusion of Beyonce's song, “Still in Love (Kissing You),” which contains an interpolation of the Des'ree song, “I'm Kissing You,” from the 1996 Romeo + Juliet soundtrack. Beyonce's record label allegedly failed to obtain permission to use the interpolation from the Royalty Network, which owns the copyright to the Des'ree song.

So what's the deal with interpolations?

The term “interpolation” is used here to describe when an artist re-records a melody, hook and/or lyric from a previously recorded song and incorporates it into a new song. This is different from sampling where the artist uses a portion of the actual pre-existing recording. An interpolation, sometimes called a “sound-alike,” only requires permission from the copyright owner of the original song (usually the song's music publisher) making it easier to clear than a sample which also requires permission from the copyright owner of the recording. Permission to use an interpolation can be denied by the copyright owner of the song, unlike the granting of a mechanical license, which allows an artist to re-record and release a cover version of a song.

DJ Drama Back In The News Over Trademark Dispute

DJ Drama, who has been preparing his major label debut on Atlantic Records, suffered a set-back after receiving a cease and desist letter from a Chicago DJ who claims to have used the DJ Drama moniker first. DJ Drama is reportedly contemplating changing his alias to DJ Dramatic or DJ Dram. The album, Gangsta Grillz: The Album, is currently scheduled for release in August.

Poor DJ Drama just can't catch a break…

An artist's name is one of their most valuable assets. Artists who are serious about their careers should take action early on to protect their name. First and foremost, the right to a trademark is established by using the name in business. In a dispute, whoever can prove they used the name first usually wins. In addition, an artist can register their name as a trademark either with the state they are based in or with the federal government (United States Patent and Trademark Office). An artist can register their name with the federal government if they are engaged in “interstate commerce” (selling a product or service in more than one state). Federal registration is more expensive (registration fees start at $325 and may require the assistance of a lawyer) but will protect the name nationwide.

Stay cool!

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