Sega Apparently Learned Nothing From EA's Spore-DRM Mistakes

Singers Sue Label For Failing To Sue Others For Infringement

from the sue-or-be-sued dept

Thu, Nov 20th 2008 8:08am — Douglas Gresham

Techdirt has covered many copyright lawsuits in the past, but this one is a bit different. Singers Daryl Hall and John Oates have filed a suit against their publisher, Warner/Chappell Music, who they claim have failed to enforce their rights and sue an unnamed singer-songwriter for infringement. They claim this is in breach of their contract, and are seeking the termination of said contract as well as unspecified damages.

Two things strike me about this lawsuit (although I'm not a lawyer and haven't seen the contract, so take it for what it's worth). First, though the alleged infringer isn't named, there seem to be two possibilities given they date it as 2006 - Nelly Furtado's Maneater was apparently influenced by it, and it was sampled by the Ying Yang Twins in their song Dangerous. I would have hoped both of these would be covered by fair use -- Oates in fact said of the former, "it's flattering and it makes you feel good because you think you've influenced a new generation of musicians." The second is that litigation should be a tool of last resort, and a lawsuit over someone not suing isn't exactly in line with that sentiment.

In fairness to Hall and Oates, their reasoning for the filing is that Warner/Chappell have failed to act over a "conflict of interest", which implies the publishers were benefiting from the alleged infringement and failing to pass that benefit on. Still, the idea that a label could be liable for failing to sue for copyright infringement is hardly likely to improve the litigation-happy nature of the industry at present.

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Filed Under: copyright, daryl hall, infringement, john oates, lawsuit, royalties
Companies: warner chappell music

16 Comments

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Anonymous Coward, 20 Nov 2008 @ 8:52am

Maybe Hall and Oates are filing suit because they want out of the contract more than anything else.
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Anonymous Coward, 20 Nov 2008 @ 9:10am

Re:
^AC^ FTW!!!!
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Anonymous Coward, 20 Nov 2008 @ 9:15am

Re:
You beat me too it...that's my guess as well. It is simply a tactic to get out from under a burdensome contract.
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Anonymous Coward, 20 Nov 2008 @ 9:38am

After all this time, I am surprised they still have a contract!
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Anonymous Coward, 20 Nov 2008 @ 9:40am

Is it known if Nelly Furtado or Ying Yang Twins are represented by Warner/Chappell Music? Wouldn't that be a key component to benefiting from the alleged infringement? What other way could they benefit without passing it on?
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Solacetech, 20 Nov 2008 @ 9:45am

Samples=Fair use?
Since when has sampling fallen under fair use? *grabbing turntable and firing up pro tools*
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BPL, 20 Nov 2008 @ 9:56am

Ah, leave Hall and Oates alone. They're family men. And their bark is much worse than their bite. (Sorry, had to.)
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Matt, 20 Nov 2008 @ 9:58am

Re:
my thoughts exactly. If they're allowed to do so, I can imagine a ton of artists are going to run like hell from their labels claiming the same.
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Anonymous Coward, 20 Nov 2008 @ 11:02am

And techdirt readers continue to show their ignorance about publishing. Continue talking it is entertaining.
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Grae, 20 Nov 2008 @ 11:39am

Re:
And anonymous cowards continue showing their ignorance about commenting on Techdirt. Because I said so. With nothing to back it up. Please continue, it is entertaining.

See what I did there?
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Anonymous Coward, 20 Nov 2008 @ 12:16pm

Re: Samples=Fair use?
We can sample unpurchased music?
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Anonymous Coward, 20 Nov 2008 @ 12:18pm

Re: Re:
You left out your last name and your home address and telephone number and email and myspace page?
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Mark Rosedale (profile), 20 Nov 2008 @ 12:45pm

Wow
Doesn't get any better than this. Is this what the music industry is coming down to sue sue sue! If you aren't making enough money than just sue! What a world we live in.
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Grae, 20 Nov 2008 @ 1:17pm

Re: Re: Re:
What is this? A weak attempt at demeaning me? Nice ad hominem. Why don't you come back when you have something of substance to offer?
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Douglas Gresham, 20 Nov 2008 @ 1:21pm

Re: Samples=Fair use?
I have no idea whether they qualify as fair use under current US law (I'm neither a lawyer nor American); I just think they're the kind of things that should be fair use.
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Douglas Gresham, 20 Nov 2008 @ 1:23pm

Re: Re:
Yes, I think that's a distinct possibility. The effect is the same whatever their motivations, though, and that's the bit that's interesting - although of course motivations would play a big part in the number of future actions.
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