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June 23, 2014
Link


George Clinton won't be able to stop a court-appointed receiver from selling "One Nation Under a Groove," "Hardcore Jollies," "Uncle Jam Wants You" and "The Electric Spanking of War Babies."

On Monday, the 9th Circuit Court of Appeals affirmed a ruling authorizing the sale of the master sound recording copyrights to satisfy a debt owed to Hendricks & Lewis, the funk pioneer's former law firm.

Although the appellate court's opinion specifically addresses Clinton's situation, it touches upon a controversial copyright topic—works made-for-hire—that will likely have music industry lawyers examining closely.

Throughout the years, Clinton has been waging a legal war against those he believes have forged various agreements and denied him control over both his song rights and the ability to sue over them. His attention of late has focused on Hendricks & Lewis, which represented Clinton between 2005 and 2008 in an effort to pursue RICO actions and other claims against those he once did business with.

The law firm billed Clinton more than $3.3 million for its work, was paid some of it, but claimed nearly $1.8 million due. An arbitration commenced to secure the debt, and later a Washington district court confirmed the arbitration award and entered a judgment. Thereafter, the parties fought more with Clinton accusing the law firm of malpractice, and Hendricks & Lewis counterclaiming for an order authorizing the sale of Clinton's songs to satisfy judgment.

After a judge gave the blessing for the sale, Clinton appealed, arguing that the Copyright Act precludes the sale. Specifically, the musician pointed to a provision of copyright law (§201), which protects individual authors from the involuntary transfer of their copyrights. The provision, though, only protects such authors when the copyright has not previously been transferred voluntarily.

That's where the "works made for hire" issue comes up.

Freelancers and those being contracted by companies often agree to hand over rights. If a work is made for hire, it's the employer who is considered the statutory author.

The subject has been a hot one in the music world, where some artists are attempting to terminate copyright grants. But if the musician has agreed to produce music as a work-made-for-hire, they aren't really the "author" as far as the law is concerned and don't enjoy termination rights.

Identity said:

[img:$uid]http://i.imgur.com/VcbjwXQ.jpg?1?4417[/img:$uid]


June 23, 2014
Link


George Clinton won't be able to stop a court-appointed receiver from selling "One Nation Under a Groove," "Hardcore Jollies," "Uncle Jam Wants You" and "The Electric Spanking of War Babies."

On Monday, the 9th Circuit Court of Appeals affirmed a ruling authorizing the sale of the master sound recording copyrights to satisfy a debt owed to Hendricks & Lewis, the funk pioneer's former law firm.

Although the appellate court's opinion specifically addresses Clinton's situation, it touches upon a controversial copyright topic—works made-for-hire—that will likely have music industry lawyers examining closely.

Throughout the years, Clinton has been waging a legal war against those he believes have forged various agreements and denied him control over both his song rights and the ability to sue over them. His attention of late has focused on Hendricks & Lewis, which represented Clinton between 2005 and 2008 in an effort to pursue RICO actions and other claims against those he once did business with.

The law firm billed Clinton more than $3.3 million for its work, was paid some of it, but claimed nearly $1.8 million due. An arbitration commenced to secure the debt, and later a Washington district court confirmed the arbitration award and entered a judgment. Thereafter, the parties fought more with Clinton accusing the law firm of malpractice, and Hendricks & Lewis counterclaiming for an order authorizing the sale of Clinton's songs to satisfy judgment.

After a judge gave the blessing for the sale, Clinton appealed, arguing that the Copyright Act precludes the sale. Specifically, the musician pointed to a provision of copyright law (§201), which protects individual authors from the involuntary transfer of their copyrights. The provision, though, only protects such authors when the copyright has not previously been transferred voluntarily.

That's where the "works made for hire" issue comes up.

Freelancers and those being contracted by companies often agree to hand over rights. If a work is made for hire, it's the employer who is considered the statutory author.

The subject has been a hot one in the music world, where some artists are attempting to terminate copyright grants. But if the musician has agreed to produce music as a work-made-for-hire, they aren't really the "author" as far as the law is concerned and don't enjoy termination rights.

MAJOR suckage.

Lawyers are the worst creatures on the planet. Lower than a slug's belly.

BS!!!!!

LEAVE GEORGE ALONE!!!He's been through enough,HIM AND ALL THE P FUNK-ATEER'S STILL ALIVE Deserve what's due to them, and that's AT LEAST the right's to there song's (or how's about even a percentage of all the money other people made off there lp's that they never even saw!!).

I love how they pick One Nation and Uncle Jam which has had so many people sample it over the year's, nevermind from De La's Me,Myself, & I - mid 90s hip hop. You couldn't hear a hip hop lp (esp early-late 90's) w/out something from either of those lp's sampled on at least 1 track.

I'm glad GC still touring. Was amazed how on point they were!!

Just thought i'd update this a little abpout George since this was last typed. George is throwing a Insane show lately. Shockingly George GOT HIS VOICE BACK!. Compared to the weedwacker to the throat sound even up til 2013/4. Still sick show's, bummer that Gary Shider gone. He was a huge part in the show & a nice guy.

Than All of a sudden 1 day I say George last year and HIS VOICE WAS BACK!!. The weedwacker to the throat sound was pretty much buried. It was during just the Ricky Rouse & Garret Shider tour.

Seem's George hitting a lot of State's he play's 2-3 times a year sometime and spot's he hasen't been at in 2-3 year's. Hope the line-up is what was up til mid-late 2015. He had Blackbryd Mcknight back, w/ Ricky & Garrett. Than some show's Hampton was playing on. So 2016 should be fun. Been mixing it u bringing some crazy old school tune's in show's funnly or in a tight medley form.

[Edited 1/27/16 15:44pm]