Frankie Valli And Ex-Jersey Boys Actors Sue Each Other Over Who Can Sing What Songs
from the ownership-society dept
When you're involved in a successful production, sooner or later lawsuits are going to pop up. A couple years ago, we wrote about a legal fight concerning the "ownership" of the famous story of Frankie Valli and The Four Seasons, as chronicled in the massively successful Broadway musical, Jersey Boys. That lawsuit concerned whether or not anyone could claim ownership of basic facts about these guys, as the widow of a guy, who wrote an (unpublished) biography of one of the band members, wanted a cut of the play's revenue. However, it seems as though there are some other lawsuits surrounding the Jersey Boys as well. Apparently Frankie Valli and the four original cast members of Jersey Boys are engaged in a legal battle that's turning nasty.The cast members want to go around performing covers of the songs in the play. Normally, performing covers is perfectly legal, given that the various compulsory licenses are paid. However, what makes this situation a little tricky is the fact that the musical is still out there. So Valli sued the cast members, saying that they weren't just performing covers, but they were creating a competing "unauthorized" musical, including, copying not just songs but "stage elements" and "logos" from the play.
The four cast members are now counter-suing, claiming that the original lawsuit is "motivated by petty vindictiveness and malice," and saying that Valli is "using bully tactics better suited for the schoolyard." All of that may be true, but it's not clear that much matters in the context of a lawsuit. Much more convincing is the basic claim that everything these four guys are doing is legal. It's factually accurate that they performed in Jersey Boys and can sing those songs, with the proper compulsory license. But, of course, with the added elements of the play, the copyright question gets a bit murkier. All it really shows is how copyright is, yet again, being used to stop performances and creativity, because someone claims to "own" parts of culture. What a shame.
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Filed Under: copyright, frankie valli, jersey boys
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Ok so...
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Re:
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Cover bands aren't even real bands. If they were they wouldn't have to steal other people's music without giving the money that the original artists deserved to them.
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If a clown's going to show up - even wearing another clown's suit, and he's welcome to the venue, why not let him entertain?
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Sadly tribute bands aren't worth a dime. They are stealing other people's music and not paying for it.
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Link?
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Do tribute bands pay royalties?
As a member of a Beatles tribute act I have had cause to find out about this. Technically, a band that is still trading as a live act (such as The Eagles who have recently reformed) could arguably have a cause for legal action against a tribute act if it could be shown that they were losing audiences to the tribute act (or were otherwise being undermined or devalued by the presence of the tribute act). of course, this would be most unlikely, but it's not impossible. There could also be a case for an audience member to take an action if he were duped into believing that a tribute act were the real thing. The reality is, though, that most big acts are more than happy for tribute acts to ply their trade - it's effectively free promotion for the 'real' act's records. As for PRS, the same rules apply to tribute acts as to anyone else. Tribute acts have to pay PRS fees for sound clips used on their websites. As for live performances, it is the responsibility of the venue (not the act) to pay the PRS fees. Most major live venues will be well used to paying their PRS fees, but for private performances (and for most tribute acts, weddings, parties etc. are the main source of work), the PRS doesn't usually bother pursuing fees as it's too difficult to police
From:
http://www.guardian.co.uk/notesandqueries/query/0,,-197279,00.html
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So bully tactics are suited for the schoolyard. Of course, it all makes perfect sense now.
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Jersey Boys Lawsuit
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Re: Jersey Boys Lawsuit
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it's a shame
I'm sure glad I never got into show business ... not sure how I could cut someone's throat and then sleep at night ...
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