Industry Liabilities

When dealing with any business, it is important to become knowledgeable about the different intellectual property issues that can affect your business.  In the entertainment industry, these things happen everyday, so it is important to protect yourself and to make sure you research others in the industry as well.  This will help you avoid infringing on others belongings and having to deal with a lawsuit.  While researching the entertainment industry on legal controversies, I found three lawsuits that taught me valuable lessons, and made me aware that paying attention to small details can help prevent me from infringing upon others.

In March of 2012, Power Rangers owners sued Michael Alen, the owner of “Power Hoodiez,” for infringing its copyright and trademarks (Gardner, 2012).  SCG Power Ranger LLC sued Alen over lookalike-hooded sweatshirts that had similar design and symmetry to its owned intellectual property (Gardner, 2012).  The hoodies have been displayed on many websites, are being sold for $85, and SGC says that Alen “never got permission to use Power Rangers IP in connection with the sweatshirts” (Gardner, 2012).  SCG also feels that the hoodies have formed confusion in the marketplace and that Alen should be punished (Gardner, 2012).  The clothing is not the item protected by copyright; it is “any pictorial graphic, or sculptural authorship that can be identified separately from the utilitarian aspects of an object” (Gardner, 2012).  This lawsuit shows me that research and permission must be done before releasing a product to the public.  If Alen would have asked permission from SCG, he might have been able to sell his product with no problem.  It seems to me that SCG was more upset that Alen felt he could just release a product, with a pattern that they made recognizable, and was not even asked permission for using it.  With a lot of designs, artists take a lot of time and effort to make something that is hopefully so recognizable, that the moment you see it your think of one product.  When I first saw the hoodies, I thought Power Rangers.  You can like a TV show, like a design, but you can’t take someone’s trademarked design and make a profit off of it, without permission.

Oprah Winfrey was sued two years ago by motivational speaker Simone Kelly-Brown over the headline, “Own Your Power,” which she used on the cover of her magazine in 2010 (Gardner, Oprah Winfrey Wins 'Own Your Power' Trademark Lawsuit, 2012).  Kelley-Brown ran a motivational service company and had registered “Own Your Power” as a trademark in 1996 (Gardner, Oprah Winfrey Wins 'Own Your Power' Trademark Lawsuit, 2012).  On Tuesday March 6, 2012 U.S. District Court Judge Paul Crotty finally dismissed the case (Gardner, Oprah Winfrey Wins 'Own Your Power' Trademark Lawsuit, 2012).  Kelley-Brown felt Winfrey infringed her trademark rights and confused the original meaning of her mark, but Judge Crotty ruled that there could be no confusion about the authorship and Winfrey had the right to use the headline (Gardner, Oprah Winfrey Wins 'Own Your Power' Trademark Lawsuit, 2012).  Kelley-Brown wondered if “Own Your Power” really represented what was in issue, but the judge felt that because there were other encouraging taglines on the cover as well, then there was no confusion on the matter (Gardner, Oprah Winfrey Wins 'Own Your Power' Trademark Lawsuit, 2012).  This lawsuit showed me a couple of things.  If you are going to go into a lawsuit with a high powered, highly influential, entrepreneur like Oprah Winfrey, it is imperative that you are overly prepared to sue her.  Someone like Oprah is going to have the best on her side so it is important to really research your case, prepare your case, and decide if it is a good idea to go forward with it.  It is also important to really protect your trademark.  I am not saying that Simone Kelley-Brown did not do this; I just wonder how she protected it.  What are the guidelines and stipulations to someone using this slogan?  Is it only allowed to be used in a certain context, or not at all?  Ask yourself all of these questions and protect yourself to the fullest extent.

Victor Willis, the original lead singer of the Village People, is trying to recover his share of copyright credit for 32 of the band’s songs (Gardiner, 2012).  When Victor Willis wrote these songs he was with the music publisher Can’t Stop Music and they claim that the songs were works made for hire (Gardiner, 2012).  According to the copyright law, a work made for hire means the employer, not the employee, is considered the author (United States Copyright Office, 2012).  The music publisher has a lawsuit against Willis and a judge will soon rule on the matter (Gardiner, 2012).  The reason this has become an issue is because Willis sent termination notices to Can’t Stop Music and they feel multiple authors cannot be fired by a single co-author (Gardiner, 2012).  Can’t Stop Music is now saying that the songs were not works for hire which puts Willis a step ahead in the case (Gardiner, 2012).  Robert Besser, the attorney for the publisher said, “The reason for the withdrawal is that all of the original copyright filings answered ‘no’ to the question on the form that asked whether it was a work for hire, but for that fact, we would have proved the work for hire allegations” (Gardiner, 2012).  This case is tricky.  You have Willis who is known for helping make the Village People such a success, yet he is fighting for copyrights to his songs.  This shows me that when you work with other people, whether it is in business, song writing, choreography, etc., you have to negotiate and decide who owns what.  When you negotiate and sign a contract, know what you are signing.  At the time you might have a good relationship with your fellow employer, but relationships can always go sour, and if it is not clear what you want in your contract, then don’t sign it.  I would also discuss what will happen with the creation before you even put your pencil to paper.

There are many different things to remember when creating and protecting the things that you own.  When it is done properly then you can stay protected and fight for your rights.  Remember copyright and trademark laws are there to protect the things that are most important to you, so research and use the one that works in your favor.  

References

Gardiner, E. (2012, March 22). Music Publisher Drops Key Claims in 'Y.M.C.A.' Copyright Termination Lawsuit. Retrieved March 30, 2012, from The Hollywood Reporter: http://www.thehollywoodreporter.com/thr-esq/ymca-village-people-lawsuit-copyright-termination-303377

Gardner, E. (2012, March 7). Oprah Winfrey Wins 'Own Your Power' Trademark Lawsuit. Retrieved March 30, 2012, from The Hollywood Reporter: http://www.thehollywoodreporter.com/thr-esq/oprah-winfrey-own-your-power-trademark-lawsuit-297402

Gardner, E. (2012, March 13). Power Ranger Owner Sues Over 'Power Hoodiez Sweatshirts'. Retrieved March 30, 2012, from The Hollywood Reporter: http://www.hollywoodreporter.com/thr-esq/power-rangers-sweatshirts-power-hoodiez-298653

United States Copyright Office. (2012, January 1). Works Made for Hire Under the 1976 Copyright Act. Retrieved March 30, 2012, from United States Copyright Office: http://www.copyright.gov/circs/circ09.pdf