The Sincerest Form of Flattery

I have been following with interest the case of Robinson v. Petty in which the heirs of the late great Marty Robbins sued Jason Petty over his portrayal of Robbins in the tribute performance “Marty’s El Paso.” This case, which was pending in the United States District Court for the Middle District of Tennessee, settled on June 7. At issue in this case was not only the rights to such songs as “El Paso” and “White Sport Coat,” the renewal rights of which are owned by the Robinsons, but also the use of Robbins’ name, image and likeness, which are protected somewhat by a Tennessee statute passed in 1984, after the death of Elvis Presley. The Plaintiff also sued for federal trademark infringement, common law trademark infringement, and violation of the Tennessee Consumer Protection Act and Tennessee common law of unfair competition. Marty Robbins died in 1982. Musical tribute shows of all types are becoming an important facet in the entertainment economy, from Beatles tribute bands to the successful run of “Million Dollar Quartet” on Broadway, from “Always… Patsy Cline,” to the legendary Cheap Trick performing the even more legendary “St. Pepper’s Lonely Hearts Club Band” in its entirety. All of these examples, with the exception of the Cheap Trick performance, have engendered some sort of litigation. The Beatles’ company Apple is notorious for protecting its trademarks, as it probably should be. The common element uniting each of the presentations is that they require some degree of licensing from the underlying rights holders. Performers need to be sure that if their show is a dramatic/musical performance, that they have secured the grand performance rights from the appropriate music publishers. They also have to figure out if there are trademark issues or name, image and likeness issues involved. Although the various elements of these types of issues have been around forever, as performers seek new ways to earn a living playing music, the intersection of these rights will present a fascinating and complex emerging development in entertainment law.

Tax Relief for Flood Victims

Victims of Tennessee’s recent floods may qualify for some indirect help from an unlikely ally, the Internal Revenue Service. It appears that because parts of Tennessee have been declared a federal disaster area, the IRS will let people who suffered a casualty loss take a deduction for the loss off their federal income tax. Also, the deduction can be taken off the 2009 tax return (and if you have already filed for 2009, you can file an Amended Return). There are wrinkles to this, so it is important to check with a tax professional. Note that there may also be additional residential energy credits if you replace windows and certain heating and cooling units. Finally, in Davidson County, the Davidson County Assessor of Property is developing a plan to assist owners of property “substantially damaged” or rendered unfit for occupancy. This plan would allow for a pro-rata adjustment of their 2010 property taxes.

If You Can't Type Something Nice Part 2

On May 30th of last year, I wrote about the risks of being sued for libel by posting online It appears this problem is becoming more widespread. The May 16^th issue of The Tennessean carried a story about a local man who had been sued by a Florida condo owner because he had posted a negative review of a rental condo on TripAdvisor.com. This is exacerbated by the Florida Court’s somewhat broad expansion of jurisdiction. It appears that if you exercise your First Amendment rights to free speech on the internet, you run a serious risk of being sued by a litigious condo owner. The traditional concept of “truth” as a defense to libel probably pales when one considers the costs of hiring counsel in another state to defend your rights. This is not good news for First Amendment absolutists, but it is pragmatic advice for the rest of us.

Mike Farris Wins a Dove Award

This is cool. I just learned that my friend and client, Mike Farris won a 2010 Dove Award in the category of Best Traditional Gospel Album for his stunning album "Shout!Live". The album features Mike's cool band The Roseland Rhythm Review and Nashville's McCrary Sisters and was co-produced by Mike and Joe McMahan. Mike has had an interesting and surprising career from his days as the lead singer of the Screamin' Cheetah Wheelies and this award is a vindication to all of those people (both here and beyond) who bekived in his talent.

Why isn't Chris Von Sneidern Famous?

I am not really in the habit of writing movie reviews on what is ostensibly a music and law blog. However, I have been thinking all week about a movie I saw at The Nashville Film Festival called "Why isn't Chris Von Sneidern Famous?"

I have been vaguely aware of Chris Von Sneidern and his jangly guitar pop for years. I may have a couple of his albums and he has appeared on the same compilations as some of my clients like Bill Lloyd and The Shazam. The idea of watching a full length documentary about him was somewhat daunting.

What I realized as soon as the film began was that this really wasn't a movie exclusively about Chris Von Sneidern. It was also about its filmmaker, Kathleen McNamara, who started as a fan trying to figure out why one of her favorite artists was not better known. Having spent a lot of time trying to secure record deals for artists I believed passionately in, I could relate to her quest. The film is also a kind of elegy for a time which appears to have passed, when there was a thriving independent record scene in this country: when independent labels with some financing existed as a viable alternative to the major label system (Independent labels still exist, of course, as do majors, it’s just that the whole calculus has changed).

Finally the film is about Chris Von Sneidern who emerges as the kind of songwriter and artist who is going to write songs and play gigs regardless of the remuneration, his age, or any other factors. The film is a bit uneven, a little sad, but at its core, I found it quite inspirational (and I am definitely going to go check out those Chris Von Sneidern records). I don't know how the film is being distributed but it is worth looking out for

I Discover who is keeping the Music Industry Afloat

I recently uncovered a very little known fact. I know who is keeping the music industry afloat. Me. I am financing it on my Visa credit card. This began when my 13 year old daughter received an i-Phone for Xmas (I’m not sure how I lost that battle). She had previously been aware of the world of i-Tunes but for some reason, it was not attractive to her. She was content to own conventional CD’s and listen to the strange amalgam of hiphop, bad rock and country that makes up Top 40. However, once she had the i-Phone, she decided she had to own the songs. Delighted by her new interest in music, we encouraged friends and relatives to send her i-Tunes gift cards for holidays, etc. When my daughter told me that Apple required a credit card to open an i-Tunes account, I naively obliged. Everything went fine while she tore through her gift cards, downloading everything from Ke$ha (hey, they went to the same school) to Lady Gaga. What I didn’t realize (and in fairness, I don’t think she realized either) was that once the gift cards ran out, she just kept going, savoring the cornucopia that is i-Tunes. I did not see the damage until I received my credit card bill a month later.

I am trying to imagine the damage I could have done if my mother had let me loose in a record store with $170 at age 13. The interesting point here is that this is a true demonstration of the fact that the singles mentality is now fully entrenched. While my daughter is passionate about the songs she wants to have on her i-Phone, she could care less about owning the entire album (except in the case of Taylor Swift), or even owning the physical product. Similarly, when the news of Alex Chilton’s death broke (R.I.P. Alex), several people told me they went to i-Tunes to download his music. I am seeing first hand the major sea change people in the industry have been talking about. The nerdy record collector in me hates it, but it certainly seems to show that the industry still has some signs of life.

Otis Blackwell inducted into the Rock and Roll Hall of Fame

Congratulations to the late great Otis Blackwell for his induction into the Rock and Roll Hall of Fame. They should have done it a long time ago, when he was alive. I had the privilege of serving as Conservator for Mr. Blackwell and his wife for a number of years. I was happy to see that two of his children, Otis Jr. and Odette were able to accept the award on his behalf.