Business Copyright

Don’t Make This Simple Business Mistake?

Sony sues United airlines

In negotiations is not the same as a signed agreement. Seems simple but his kind of thing happens a lot.  People get excited. They want to tweet to use it or tweet it to the world. Sometimes, it’s no problem, the agreement gets signed and life goes on.  Other times, it’s a different story as evidenced by a lawsuit filed by Sony against United Airlines, Inflight Productions and Rightscom.

According to the Hollywood Reporter, Rightscom, United’s intellectual property consultant contacted Sony Music to discuss a licensing agreement for Sony properties.  Rightscom candidly explained that United was reproducing copyrighted material and that “it is going to be necessary for Inflight to contact the labels individually to put the necessary licenses in place.”

Negotiations began regarding licensing the works for use but all during the discussions, United was offering its customers the copyrighted entertainment with no definitive agreement in place.  The inflight material included major performers such as Britney Spears, Carrie Underwood, and Justin Timberlake and Michael Jackson. Before negotiation has ended, Sony and various label subsidiaries sued United Airlines, Inflight Productions and Rightscom for copyright infringement.

Copyright infringement can be especially problematic because an infringement can occur with only one infraction.  How many times it is used, doesn’t matter, how long the infringing work was used doesn’t matter, whether you knew it was an infringement doesn’t matter; the only thing that matters is that a copyrighted work was used without authorization  (although those issues may have some effect on damage awards).

Since the works were copyrighted before the infringement, Sony can receive statutory damages as well as legal fee, which can be pretty high. The fact that they were in negotiation has no bearing on the infringement. Why Sony felt they had to sue instead of working out payment as part of the license agreement has yet to be revealed.  Did United have an indication that there might be a lawsuit?  Were negotiations going badly?

 The moral of this story is; make sure your agreement is signed before taking any action or you might find yourself embroiled in a legal battle.

 

About the author

Steve Schlackman

As a photographer and Patent Attorney with a background in marketing, Steve has a unique perspective on art and law. Should you have any questions on Intellectual Property contact him at [email protected] His photography can be seen online at Fotofilosophy.com or on display at the Emmanuel Fremin Gallery in New York City.

Add Comment

Click here to post a comment

Your email address will not be published. Required fields are marked *

Orangenius

We built Orangenius to help creators succeed. Our comprehensive platform takes the guesswork out of the business of art, so you can focus on creating. Click to see how Orangenius is revolutionizing the creative economy.

JOIN FOR FREE

The Latest From Artrepreneur

  • A Recruiter’s Advice for your Video or Motion Design Reel

    Creative Circle recruiter Brooks Rowlett sifts through hundreds of motion design reels and video editor portfolios each week. Here, he shares his best advice for motion designers and video editors looking to land their next big gig. The post A […]

  • From Tattoo Artist to Brand Empire: The Rise of the Ink Mogul

    The savvy tattoo artist uses brand recognition to launch a multimedia business. These four artists have leveraged their underground celebrity status to build a brand empire, complete with product lines, book deals, and TV contracts. The post From […]

  • Exploring the Intersection of Art and Technology

    The advent of technology is re-shaping the practice of art. These educational institutions, artists, and startups are exploring art and technology's convergence in today's increasingly digital world. The post Exploring the Intersection of Art and […]

  • Work with an Artist Mentor to Get Your Career on Track

    Many of the world's most recognized artists sought inspiration and guidance from their peers. Gain insight into your practice and learn about the business of art by finding an artist mentor whose career aligns with your own vision for success. The […]

  • Why Artists Need to Make Copyright Registration a Priority

    Sharing, posting, and distributing your work online is easier than ever - but often times, visual artists find themselves dealing with online piracy issues as a result of that practice. Initiating a copyright registration routine can curb the […]

  • How Artists on Social Media Can Grow Their Following

    By sticking to the tenets of the social media pyramid, artists on social media can develop an engaged audience. The post How Artists on Social Media Can Grow Their Following appeared first on Artrepreneur. […]

  • How [and Where] to Submit an Art Fair Application

    Submitting an art fair application doesn't have to be an arduous process. We break down which fairs are currently accepting submissions, and how you should apply. The post How [and Where] to Submit an Art Fair Application appeared first on […]

  • The Paperwork Behind Your Art Business [Part I]

    In this ongoing series, we'll review the various documents needed to get your art business up and running. First up: Crafting your artist proposal. The post The Paperwork Behind Your Art Business [Part I] appeared first on Artrepreneur. […]

  • A Creative Career Coach Outlines a Strategy for the Working Artist

    Marc Zegans coaches artists planning the next move in their art careers. Here, he shares his proven approach for developing your practice as a working artist. The post A Creative Career Coach Outlines a Strategy for the Working Artist appeared first […]

  • How One Artist Uses Instagram to Land Consistent Illustration Gigs

    Illustrator Maria Luque's secret to landing a steady stream of illustration gigs? Just be consistent and post regularly on Instagram. The post How One Artist Uses Instagram to Land Consistent Illustration Gigs appeared first on Artrepreneur. […]

  • Artists Who Failed – And Found Success Anyway

    Some of the world's most successful artists weren't always so revered. Meet five artists who failed to develop their art careers during their lifetime. The post Artists Who Failed – And Found Success Anyway appeared first on Artrepreneur. […]

  • How Do Online Content Moderation Policies Treat Nudity in Art?

    As Facebook's online content moderation policies come under fire, we review creative platform Orangenius' policy on nudity in art. The post How Do Online Content Moderation Policies Treat Nudity in Art? appeared first on Artrepreneur. […]

  • Self Employed? Five Ways To Get Into the Creative Habit

    Self-employed artists don't always leave room for inspiration. Boost productivity and get into the creative habit with these proven strategies. The post Self Employed? Five Ways To Get Into the Creative Habit appeared first on Artrepreneur. […]

  • A Creative in a Corporate Organization: Related Group’s Art Department

    In this ongoing series, we explore the creative roles available in the most unlikely of corporations. Our first installment talks to Patricia Hanna, the Art Director of Related Group. The post A Creative in a Corporate Organization: Related […]

  • Five Alternative Income Strategies for Independent Artists

    Independent artists shouldn't have to go hungry. We explore five alternative income streams to keep your art business on track. The post Five Alternative Income Strategies for Independent Artists appeared first on Artrepreneur. […]