independent and unofficial
Prince fan community
Welcome! Sign up or enter username and password to remember me
Forum jump
Forums > Prince: Music and More > Good article on the legal challenges Prince might face soon (regarding master recordings)
« Previous topic  Next topic »
  New topic   Printable     (Log in to 'subscribe' to this topic)
Author

Tweet     Share

Message
Thread started 08/15/11 8:09pm

billymeade

avatar

Good article on the legal challenges Prince might face soon (regarding master recordings)

Albums released in 1978 will be eligible in 2013 for "termination rights", meaning the original artist regains control over the recordings. This includes "For You", and has been discussed here a lot.

This article in the NY Times goes over the issues facing both sides, and how the recording industry is already prepared to screw the artists over again.

http://www.nytimes.com/20...2&_r=1

  - E-mail - orgNote - Report post to moderator
Reply #1 posted 08/15/11 8:10pm

smoothcriminal
12

This is posted in Music: Non Prince. smile

  - E-mail - orgNote - Report post to moderator
Reply #2 posted 08/15/11 11:53pm

databank

avatar

I hope Prince will be fighting 4 his rights, and the opposite would be surprising considering his back history and positions on the matter.

Now the article mentions the technical difficulties regarding the "who is the author of the work?" question: will session musicians, singers, co-writers, etc. be able to claim their rights on the recordings, and this leads to a neverending series of questions around The Time, The Family and all the orther side-projects and collaborations (which IMHO are the main reason why P won't let them use their old stage names).

A COMPREHENSIVE PRINCE DISCOGRAPHY (work in progress ^^): https://sites.google.com/...scography/
  - E-mail - orgNote - Report post to moderator
Reply #3 posted 08/16/11 1:24am

RicoN

avatar

thanks for that, good bit of background

Hamburger, Hot Dog, Root Beer, Pussy
  - E-mail - orgNote - Report post to moderator
Reply #4 posted 08/16/11 3:31am

jimino1

the lawyers are gonna love it.....

  - E-mail - orgNote - Report post to moderator
Reply #5 posted 08/16/11 3:27pm

Tremolina

I wish some people would read before they post.

The article says it all really. And there have been loads of threads about this issue on the org.

Anybody who doubts Prince is trying to get his rights back, can bet their purple ass that he is.

He spoke about this himself very clearly a long time ago already.

Now before everybody goes and talk even more myths here are FACTS:

The statutory termination date is 35 years after transferring the rights. NOT 30 years.

It applies to all authors of a copyrighted work, including recording artists and sound recordings.

It does not apply to works created before january 1st 1978 and it is only valid in the US.

In 2013 there is going to be a WAR in the (US) music industry over this rule.

There will be legal battles flying all over the place, because this is about the music moguls bread and butter vs many established recording artists wishing to regain control over their work.

Record companies will claim that all the recordings they released are "works for hire". But most of them are not, and so the record companies are going to lose that war by and large.

As for Prince: he is going to get HIS rights back to the recordings he made for WB, one by one, starting in 2013 with For You.

BUT that does NOT mean that Prince is the only one who will be able to get his rights back. Recordings and compositions/lyrics of songs other artists contributed to, are subject to the same rule.

And WB will not let go easily. They will deem it to be in their interest to hold on as long and as much as they can. And they may have some more contractual tricks up their sleeve. A court battle is therefore not unlikely. However, since they will likely lose, it will not be in their interest to let that come to a ruling. Therefore they will probabaly drag it as long as possible and in the meantime keep on trying to come to a (new) agreement.

[Edited 8/16/11 15:43pm]

  - E-mail - orgNote - Report post to moderator
Reply #6 posted 08/17/11 7:53am

sms130

databank said:

I hope Prince will be fighting 4 his rights, and the opposite would be surprising considering his back history and positions on the matter.

Now the article mentions the technical difficulties regarding the "who is the author of the work?" question: will session musicians, singers, co-writers, etc. be able to claim their rights on the recordings, and this leads to a neverending series of questions around The Time, The Family and all the orther side-projects and collaborations (which IMHO are the main reason why P won't let them use their old stage names).

Prince is gonna fight and do all that he can to regain rights to his work from Warner. He's hinted out in too many interviews of the whole 2013 thing. I truly believe that's the fight that he's getting ready for in the last 15 years. It's his legacy and I think it's only right that he regain those rights back. He's been protective of his work for the last 15 years due to this. Once this is over and Prince owns the rights to his Warner material, we may finally begin to see the remastered releases. The biggest win for Prince came in 1996 when he free as an artist and in 2000 when the "Prince" name was free. 2000 is where Prince regained his name "Prince" as well as nearly all the things attached to it, for example the publishing of his Warner material including the side-projects. If anything, those related artist like The Time and The Family should join forces with Prince (to some degree) in the fight. He's been protective of this stuff for a reason and 2013 is gonna be the year.

  - E-mail - orgNote - Report post to moderator
Reply #7 posted 08/17/11 8:59am

jaawwnn

sms130 said:

databank said:

I hope Prince will be fighting 4 his rights, and the opposite would be surprising considering his back history and positions on the matter.

Now the article mentions the technical difficulties regarding the "who is the author of the work?" question: will session musicians, singers, co-writers, etc. be able to claim their rights on the recordings, and this leads to a neverending series of questions around The Time, The Family and all the orther side-projects and collaborations (which IMHO are the main reason why P won't let them use their old stage names).

Prince is gonna fight and do all that he can to regain rights to his work from Warner. He's hinted out in too many interviews of the whole 2013 thing. I truly believe that's the fight that he's getting ready for in the last 15 years. It's his legacy and I think it's only right that he regain those rights back. He's been protective of his work for the last 15 years due to this. Once this is over and Prince owns the rights to his Warner material, we may finally begin to see the remastered releases. The biggest win for Prince came in 1996 when he free as an artist and in 2000 when the "Prince" name was free. 2000 is where Prince regained his name "Prince" as well as nearly all the things attached to it, for example the publishing of his Warner material including the side-projects. If anything, those related artist like The Time and The Family should join forces with Prince (to some degree) in the fight. He's been protective of this stuff for a reason and 2013 is gonna be the year.

He has hinted at whatever, he LITERALLY stated to the Peach and Black guys that he already had the rights back after 30 years which means he might not have a clue what he's on about. Don't expect anything in 2013 unless by some coincidence the whim takes him.

  - E-mail - orgNote - Report post to moderator
Reply #8 posted 08/17/11 10:52am

steakfinger

jaawwnn said:

sms130 said:

Prince is gonna fight and do all that he can to regain rights to his work from Warner. He's hinted out in too many interviews of the whole 2013 thing. I truly believe that's the fight that he's getting ready for in the last 15 years. It's his legacy and I think it's only right that he regain those rights back. He's been protective of his work for the last 15 years due to this. Once this is over and Prince owns the rights to his Warner material, we may finally begin to see the remastered releases. The biggest win for Prince came in 1996 when he free as an artist and in 2000 when the "Prince" name was free. 2000 is where Prince regained his name "Prince" as well as nearly all the things attached to it, for example the publishing of his Warner material including the side-projects. If anything, those related artist like The Time and The Family should join forces with Prince (to some degree) in the fight. He's been protective of this stuff for a reason and 2013 is gonna be the year.

He has hinted at whatever, he LITERALLY stated to the Peach and Black guys that he already had the rights back after 30 years which means he might not have a clue what he's on about. Don't expect anything in 2013 unless by some coincidence the whim takes him.

Yep. That's about the only thing we CAN know about Prince for sure - he's about nothing but the WHIM. He wakes up in a new world every day.

  - E-mail - orgNote - Report post to moderator
Reply #9 posted 08/17/11 12:44pm

electricberet

avatar

Tremolina said:

And WB will not let go easily. They will deem it to be in their interest to hold on as long and as much as they can. And they may have some more contractual tricks up their sleeve. A court battle is therefore not unlikely. However, since they will likely lose, it will not be in their interest to let that come to a ruling. Therefore they will probabaly drag it as long as possible and in the meantime keep on trying to come to a (new) agreement.

Has Prince ever actually sued anyone, as opposed to just having his lawyers issue "cease and desist" letters? Seems like he quickly folds if someone actually fights back (e.g., the whole PFunk thing). Can you see him testifying before a judge or a jury? With a court reporter transcribing everything and WMG's lawyers subjecting him to a vigorous cross-examination? I'd love to see that but I don't think it's going to happen.

I expect that, in the case of Prince, this will be worked out before any of the big-selling albums hit the 35 year mark. WMG has reason to worry but so does Prince, given that his former bandmembers may make some claim based on their contributions, and there are separate issues about the artwork. That doesn't mean anything will actually get released.

[Edited 8/17/11 12:51pm]

The Census Bureau estimates that there are 2,518 American Indians and Alaska Natives currently living in the city of Long Beach.
  - E-mail - orgNote - Report post to moderator
Reply #10 posted 08/18/11 5:41am

Tremolina

electricberet said:

Tremolina said:

And WB will not let go easily. They will deem it to be in their interest to hold on as long and as much as they can. And they may have some more contractual tricks up their sleeve. A court battle is therefore not unlikely. However, since they will likely lose, it will not be in their interest to let that come to a ruling. Therefore they will probabaly drag it as long as possible and in the meantime keep on trying to come to a (new) agreement.

Has Prince ever actually sued anyone, as opposed to just having his lawyers issue "cease and desist" letters? Seems like he quickly folds if someone actually fights back (e.g., the whole PFunk thing). Can you see him testifying before a judge or a jury? With a court reporter transcribing everything and WMG's lawyers subjecting him to a vigorous cross-examination? I'd love to see that but I don't think it's going to happen.

I expect that, in the case of Prince, this will be worked out before any of the big-selling albums hit the 35 year mark. WMG has reason to worry but so does Prince, given that his former bandmembers may make some claim based on their contributions, and there are separate issues about the artwork. That doesn't mean anything will actually get released.

[Edited 8/17/11 12:51pm]

If nothing is actually re-released then what's the point really for him in getting his rights back? Just so WB can't have them anymore? He may be bitter, but I don't think that bitter.

I expect there to be a new deal too and no (full) courtcase (maybe some preliminary action tho). I don't see Prince testifying in court soon either, but neither WB. Moreover, if it is about his first two records, they were 100% performed and produced by himself IIUC and they were no big sellers, so that shouldn't be a big problem for WB to give him back. However that could get tricky, because once they give that back, why not the rest too when the time is there, so maybe not.

  - E-mail - orgNote - Report post to moderator
  New topic   Printable     (Log in to 'subscribe' to this topic)
« Previous topic  Next topic »
Forums > Prince: Music and More > Good article on the legal challenges Prince might face soon (regarding master recordings)