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Intellectual Property Law

: SIVACRACY .NET

RIAA "Forgot" To Share Damage Awards With Actual Artists

By Siva Vaidhyanathan

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From the NY Post:

Artist managers are girding for battle with their music overlords over when their clients are going to see some of the dough negotiated last year in copyright-infringement settlements with a host of Web sites.

Universal Music, Warner Music and EMI - either collectively or individually - settled claims with Napster, Kazaa and Bolt.com. Napster alone had to cough up $270 million.

The fourth major label, SonyBMG, was not part of the suit because Napster was owned by BMG parent company Bertelsmann.

All four struck separate deals with YouTube that included revenue participation.

A contingent of prominent artist managers claims that little to none of that money has trickled down to their clients. They are now considering legal action.

"Artist managers and lawyers have been wondering for months when their artists will see money from the copyright settlements and how it will be accounted for," said lawyer John Branca, who has represented Korn, Don Henley, and The Rolling Stones, among others.

"Some of them are even talking about filing lawsuits if they don't get paid soon."

Record label sources said corporate bosses are still deciding on how best to split the money. In determining the payout, they said not every artist is owed money and it must be calculated with regard to the level of copyright infringement for each artist.

What's more, these sources said that after the labels recouped their legal expenses, there wasn't much left to pass along to the artists.

But a source on the artists' side said that is an argument heard all too often in the music business. ...

Full post as published by SIVACRACY .NET on March 17, 2008 (boomark / email).

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