Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Don't Pull A TufAmerica & Sue When You Don't Have The Right To

Author: Scarinci Hollenbeck, LLC

Date: March 30, 2015

Key Contacts

Back

How about making a song that samples Mike D and Ad-Rock’s probably exuberant reactions after the judge threw out TufAmerica’s lawsuit against them?

The Beastie Boys’ landmark 1989 album Paul’s Boutique made pretty heavy use of samples, and did so without permission. While the music from the album is considered revolutionary, the methods used to create it are fairly illegal. These days even the smallest samples need permission before they enter the public sphere, and the New York rappers’ classic Paul’s Boutique was constructed primarily by sampling. It’s fair to say someone was bound to get upset over it.

​TufAmerica’s reasons for filing a lawsuit

TufAmerica is fairly aggressive when it comes to legal action over sampling, and so its no surprise that the label eventually decided to take on the Beastie Boy’s album – the company filed a lawsuit in 2012, one day before the death of Adam Yauch, one of the group’s three members. Last Tuesday U.S. district judge Alison Nathan granted the musicians’ summary judgment, and not because of the importance of Paul’s Boutique or how much each sample was used, but rather because of a mistake on TufAmerica’s part.

The sample in question was of a song by Trouble Funk, composed of group members Robert Reed, Tony Fisher and James Avery. The 1980s R&B and funk group had a deal with Island records that eventually terminated, after which TufAmerica struck a deal with Reed and Fisher and bought up the rights to administer the groups copyrights. Avery was not included in the agreement. Because he wasn’t part of the deal, the license provided to TufAmerica was non-exclusive. This means that the label could only sue on the artists’ behalf, and not on its own terms.

​The word exclusive won’t give you exclusive rights

TufAmerica even anticipated that this may happen in the future, and included a clause pertaining to Avery’s absence from the deal within it’s pages, “[t]o the extent that exclusive licenses of any of Avery’s copyrights in the Trouble Funk Copyrights… are necessary for ‘standing’ or similar reasons in connection with filing and maintaining a Trouble Funk Infringement Action, Avery hereby exclusively licenses such copyrights to Tuff City Records for the purpose of filing and maintaining Trouble Funk Infringement Actions.”

However, Nathan noted that just because TufAmerica included the word exclusive in it’s deal with Trouble Funk, does not mean that the company has exclusive rights to sue over use of the group’s music. She noted that TufAmerica’s 2012 filing did not, in fact, have any legal standing, since the label could only sue on the artists’ behalf. Contracts between labels and artists should include clear distinctions between the right to sue on a musician’s behalf, and the exclusive right to sue, to prevent cases like this in the future.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"
Gross Lease vs. Net Lease: Understanding the Key Differences post image

Gross Lease vs. Net Lease: Understanding the Key Differences

Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]

Author: Robert L. Baker, Jr.

Link to post with title - "Gross Lease vs. Net Lease: Understanding the Key Differences"
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2 post image

What to Do If You Are Impacted by a Retailer Bankruptcy Part 2

Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]

Author: Brian D. Spector

Link to post with title - "What to Do If You Are Impacted by a Retailer Bankruptcy Part 2"
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business post image

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]

Author: Dan Brecher

Link to post with title - "The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business"
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1 post image

Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1

The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]

Author: Brian D. Spector

Link to post with title - "Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: