Many people believe justice is only served through hiring lawyers. However, the ordinary “man on the street” is able to stay knowledgeable about the law with educational help. Basic legal jargon teaches about Intellectual property and how people in the entertainment business have rights to keeping their work safe. All artists are taught that they do not have to “recreate the wheel.” But is always good to make sure your work is your own. There are many example’s in the entertainment industry right now discussing disputes on original work and I would just like to talk about a few of them.
The first example was May 24 2011. Everybody remembers the disruption the hangover part 2 cause right before it opened. According to Pop Eater.com “Mike Tyson’s tattoo artist Victor Whitmill, was suing the movie for stealing the creation of his tattoo.” (¶2). Whitmill has the tattoo under copy wright law making his claim liable for Warner Brothers. In their defense, Warner Brothers claims, “Using the tattoo in the movie was simply part of a joke. It’s also transformative . . . it’s in a scene that adds value to the original design” (Piazza, 2011). However, even with credit given to a star, as big as, Mike Tyson, Warner Brother’s will still have to pay Victor Whitmill some money due to copy wright laws.
The next two examples are the same star but different offenses. The first was Lady Gaga’s “Born this way.” The album appeared on February 11, 2011. The song became a hit right away. Many people noticed how closely the song sounded to Madonna’s 1989 hit, “Express Yourself.” According to John Mitchell, another writer for Pop Eater, “To us, Gaga's new tune feels like more of an homage than a rip-off. The 'Bad Romance' singer has made no secret of her respect for Madonna, and with that in mind, there's no way the thematic and musical similarities between 'Born This Way' and 'Express Yourself' were not purposeful” (Mitchell, 2011). It appears that when the artist has an utmost respect for another, the imitation is a compliment not a liability. In many ways, the two songs sound very similar but if two Pop Diva’s can respect that enough and claim their own title, then legal liability is not a problem.
The final example is a recent hit on Lady Gaga. Rebecca Francescatti, an artist from 2005 is suing Lady Gaga for the song “Judas” on her newest album. In reading an article from Hot mamma Gossip, the case went to trial in Northern Illinois on August 3, 2011. Francescatti claims that Lady Gaga stole her song “Juda” and used it as her own. In referencing the article, “According to Francescatti, she recorded her song “Juda” in 2005 under the supervision of DJ White Shadow’s Brian Gaynor. The same group also worked with Gaga on “Born This Way” and that gives her claim more weight.” (¶4). This claim is more intense for Lady Gaga right now because she had the same team of people involved. Right Gaga and her team are keeping quiet on the issue. Did Lady Gaga steal the song? That is for the court to decide. The song Juda is under copy wright law, and although Gaga added her own flare and personal style, there were still elements of stealing the song.
Legal issues in the entertainment world are just as serious. You hear all of the pirating commercials. The law is there so that artist, like everyone else, can have a fair claim to the work they have created so beautifully.
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