Copyright Infringement Lawsuit filed over Church Hymn

03 Tuesday Sep 2019

Posted by Kenan Farrell in Artists, Copyright, Entertainment Law, Indiana, Intellectual Property, Litigation, Southern District of Indiana

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In this copyright lawsuit, the Defendant’s musical composition “Christ Be Our King” is alleged to infringe Plaintiff’s musical composition “Emmanuel.”

Take a look at the musical notation and compare the two works for yourself:

Screen Shot 2019-09-03 at 11.21.08 AM.png

The Complaint (below) details the elements of the two compositions that the Plaintiff considers “strikingly similar”:

The first eight notes of “Christ Be Our Light” are precisely the same as in “Emmanuel:” the same notes, the same key, and the same time signature.
“Christ Be Our Light” omitted the ninth note that was present in “Emmanuel” but ended the phrase on exactly the same tenth note from “Emmanuel.”
The second phrase of notes in “Christ Be Our Light” is again almost identical to the second phrase of “Emmanuel.”
The third phrase of “Christ Be Our Light” with its climbing melody is remarkably similar to the third phrase of “Emmanuel.”

What do you think? Copyright infringement?

This is an interesting case…stay tuned for updates.

Ambrosetti v. Oregon Catholic Press et al.

Court Case Number: 3:19-cv-00682-JD-MGG
File Date: Tuesday, August 27, 2019
Plaintiff: Vincent A. Ambrosetti, The King’s Minstrels Charitable Trust aka International Liturgy Publications
Plaintiff Counsel: Donald J. Schmid
Defendant: Oregon Catholic Press, Bernadette Farrell
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Jon E. DeGuilio
Referred To: Michael G. Gotsch, Sr.

Complaint:

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Color Me Badd founding members in court over band name dispute

02 Tuesday Jul 2019

Posted by Kenan Farrell in Entertainment Law, Indiana, Intellectual Property, Litigation, Musicians, Southern District of Indiana, Trademark

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Breach of Fiduciary Duty, Federal Trademark Infringement, Federal Unfair Competition, State Unfair Competition

Two members of the formerly popular R&B group “Color Me Badd” are in a lawsuit in the Southern District of Indiana over the ability of one member to continue using the band’s name in his ongoing solo career.

The named Plaintiff, Bryan Abrams, and Defendant, Mark Calderon, have a recent history of quarreling, including a physical altercation on stage in 2018 that led to Abram’s arrest.

In this lawsuit filed on Monday, July 1, Abrams is challenging Calderon’s ability to use the Color Me Badd name for his solo career, while Calderon (via his attorney) maintains that “Mr. Calderon and Mr. Abrams have equal right to use and exploit the mark provided each party accounts to the other for such use.”

Check out the Complaint (below) for a more detailed history of the parties and Color Me Badd. Stay tuned for updates to see how the parties resolve their band name dispute.

CMB Entertainment, LLC et al v. Mark Calderon and Pyramid Entertainment Group, Inc.

Court Case Number: 1:19-cv-02703-RLY-DML
File Date: Monday, July 1, 2019
Plaintiff: CMB Entertainment, LLC, Bryan Abrams
Plaintiff Counsel: James J. Ammeen, Jr. of Ammeen Valenzuela Associates LLP., Brian D. Caplan of Reitler Kailas & Rosenblatt LLC
Defendant: Mark Calderon, Pyramid Entertainment Group, Inc.
Cause: Federal Trademark Infringement, Federal Unfair Competition, State Unfair Competition, Breach of Fiduciary Duty
Court: Southern District of Indiana
Judge: Richard L. Young
Referred To: Debra McVicker Lynch

Complaint:

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DJ Performance Agreements

06 Wednesday Mar 2019

Posted by Kenan Farrell in Artists, Business Law, Entertainment Law, Intellectual Property, Just for Fun, Musicians

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A good DJ will impart a sense of feeling, rythym and happiness on a party.

In order to ensure that their own business also runs as smooth and happily as the dance floor, DJs providing services for venues should use a performance agreement in securing a set and, importantly, the payment. Here are some key questions to consider for your DJ performance agreement:

Have you made sure the venue can understand the provisions of the contract?
Have you communicated to the venue the minimum deposit needed to bind the terms of the agreement?
Have you communicated to the venue that they are obligated to pay you if the set is cancelled on the performance date?
Have you discussed the conditions that release both parties from the agreement?
Have you communicated to the purchaser regarding terms of your deposit and the remaining balance?
Have you discussed with the venue about advertising control of your show?

Go back and review your performance agreement with the above questions in mind. If you’re uncertain, contact an entertainment attorney for a professional review of your agreement.

Indiana Copyright Litigation Update – BMI v. Southside II

08 Friday Feb 2013

Posted by Kenan Farrell in Copyright, Entertainment Law, Indiana, Intellectual Property, Litigation, Southern District of Indiana

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Broadcast Music Inc. et al v. Southside II Inc. et al

Court Case Number: 3:13-cv-00019-RLY-WGH
File Date: Tuesday, February 05, 2013
Plaintiff: Broadcast Music Inc., Paul Simon Music, Concord Music Group, EMI Unart Catalog Inc., Cyanide Publishing, Sony/ATV Songs LLC, Songs of Universal Inc., Escatawpa Songs, Buffalo Prairie Songs, Showbilly Music, EMI Blackwood Music Inc., Jackaboy Songs
Plaintiff Counsel:
Defendant: Southside II Inc., Mary Miller, Todd Miller, Amanda Miller
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge William G. Hussmann, Jr