Category: Public Performance Rights

Art Basel Special Series: What’s On Those Billboards?

Billboards Around Miami: PULSE Miami, Red Dot Miami, and Miami Project

Art Basel Billboards
No, not this billboard.

Going around Miami lately, I’ve noticed many billboards promoting three art fairs during Art Basel time: PULSE Miami, Red Dot Miami, and the Miami Project. I decided to find out what they’re all about, and here’s the details.

PULSE Miami

PULSE Miami boasts that it’s the leading U.S. art fair dedicated exclusively to contemporary art. The 9th edition of this event, held annually in Miami and New York, is split into two sections: PULSE and IMPULSE (hey, that’s pulse with an -im!). The IMPULSE section features galleries hand picked by a committee of prominent international art dealers. These galleries put on a solo exhibition of an artist’s work created within the past two years. The PULSE section has dozens of galleries from across the globe displaying the work of established and pioneering artists. The PULSE section also has original programming that includes large-scale installations, a video lounge, and performance pieces. PULSE encourages visitor to participate and interact with the exhibits.

PULSE Miami is open Dec. 5-8 and located at the Ice Palace, 1400 N. Miami Ave., in the Media Entertainment District. PULSE will offer shuttle service between Art Basel Miami Beach, Art Miami, and the Ice Palace Studios. For more details, visit the PULSE website here.

Red Dot Miami

The Red Dot Art Fair is another established event situated in a plum location next to Art Miami. 60 galleries will converge to exhibit an eclectic assortment of photography, painting, sculpture, and other fine art works. Onlookers can see pieces from emerging through established artists, all under the shaded luxury of a 50,000 square ft. tent. Red Dot Miami will also support a community project: Million Trees Miami. The opening reception benefits this campaign to plant a million trees by 2020 to reach 30% tree canopy for Miami-Dade county.

Red Dot Miami is open Dec. 3-8 and located in Midtown Miami, 3011 NE 1st Ave. at NE 31st St., Wynwood Art District. For more details, visit the Red Dot website here.

Miami Project

The Miami Project is another Wynwood art fair, but it’s just in its 2nd year.. This one places emphasis on displaying high quality works in a visitor friendly environment. Works are located under a tent with airy cathedral ceilings, spacious aisles, and upscale lounges. The Miami Projects will line up historic avant garde pieces next to those of ambitious youthful artists. This allows visitors the unique experience of comparing and contrasting the development of contemporary art.

Miami Project is open Dec. 3-8 and located in Midtown Miami,located at NE 29th St. and NE 1st Ave., Wynwood Art District. For more details, visit the Miami Project website here.

Ari Good, JD LLM, a tax, aviation and entertainment lawyer, is the shareholder of Good Attorneys at Law, P.A. He graduated from the DePaul University College of Law in 1997 and obtained his L.L.M. in Taxation from the University of Florida.

Contact us toll free at (877) 771-1131 or by email to info@goodattorneysatlaw.com

Special Series: The International Art Community’s Annual Winter Bash, Art Basel in Miami

An (Unofficial) Art Basel Visitor Guide

After relocating to Miami this past summer, I’m looking forward to exploring a one of a kind art exhibition in Miami and the sandy white shores of South Beach: Art Basel. Actually, one of a kind is a bit of misnomer. Organizers also host annual Art Basel shindigs in its namesake city, Basel, (a European city on the border between Switzerland, France, and Germany) and Hong Kong at different times of the year. Art Basel/Miami Beach 2013 is the 12th edition of this art gala and has grown up into a sprawling maze of eye candy for connoisseurs of the visual arts and the curious.

What is Art Basel?

Art Basel traces its beginnings to three visionary art gallery owners in 1970. They created an event for artists and galleries alike to exhibit contemporary and avant-garde pieces from around the world. Throughout the years, the Art Basel production has grown from 90 involved galleries, 30 publishers of art from 10 countries, and 16,300 visitors to its present size across three cities. 50,000 visitors alone came to Art Basel/Miami Beach alone last year.

A truly international event, Art Basel 2013 will showcase contemporary art from across the globe. Art galleries from North America, Latin America, Europe, Asia, and Africa are coming to town and have historical works from masters of Modern art and newly minted pieces by emerging stars in tow. Painting, sculptures, drawings, installations, photographs, films, and edited works of great quality are on the menu. Live performances and music are planned as well to create a fully immersive experience.

Things to See and Do At Art Basel

Art Basel Miami at Convention Center
Soon to be chock full ‘o contemporary art

The invitation only events begin December 4, 2013, and opens to the public from Thursday, December 5 through Sunday, December 8. Doors open, figuratively speaking, at noon each day and close at 8pm (6pm on Sunday).

The main event will take place at the Miami Beach Convention Center (MBCC) and will be divided into eight different areas:

  • Galleries – Art works from undiscovered artists through museum quality pieces.
  • Nova – Individual galleries showcase new works from the past 3 years from 1-3, hand selected artists from around the world.
  • Positions – A single artist presents one major project.
  • Edition – Special presentations of editioned works, prints, and multiples (think Andy Warhol) by renowned artists
  • Kabinett – Curated exhibitions of art that have their own space to showcase specific themes.
  • Public – Outdoor sculptures, interventions, and live performances. No ticket required!
  • Film – Films by and about artists.
  • Magazines – Art publications from around the world.

Public artworks are located at nearby Collins Park and nearby beaches. Video works will be presented inside the MBCC and also in the outdoor setting of SoundScape Park.

Art Basel will also organize three different series for visitors to go beyond just viewing artworks.

  • Conversations – Morning discussions by prominent members of the international art world.
  • Salon – Short presentations that include artist talks, panels, lectures, and performances with the artists, academics, curators, collectors, architects, art lawyers, critics, and others.
  • Video Archive – Videos of archived “Conversations” from Art Basels in years past.

Art Basel will be offering more specific details, including a show guide and floor plan when they become available. You can that information here.

Art Basel Creates a Synergy in Miami

The Beach doesn’t get to claim the entire event. There will be “satellite” art fairs going on before, during, and after Art Basel citywide. A large part of it will be take place across the causeways in Midtown and the Wynwood Arts Districts of Miami. Three large structures in Midtown will be home to the works of contemporary artists from all over the world, further cementing this area’s place as the go-to arts center of the city.

Here are some of the satellite art fairs that have got my attention:

  • New Material Art Fair – This 1st edition fair features experimental works that push the boundaries of traditional contemporary art. Eva Hotel, December 5-8.
  • Brazil Art Fair – A showcase of art works from Brazilian galleries. Midtown, December 4-8.
  • Interactive Art Fair – A fair that focuses on immersing the onlooker with the artworks. 1035 N Miami Ave, December 3-8.

 

Just getting to all the shows could become a full time job!

Certainly these events show Miami as a hub for artistic expression, visual and otherwise. AB/MB also brings light that there is more to the art scene than just creating. It is about the experience.

Ari Good, JD LLM, a tax, aviation and entertainment lawyer, is the Shareholder of Good Attorneys At Law, P.A. He graduated from the DePaul University College of Law in 1997 and received his LL.M. in Taxation from the University of Florida.

Contact us toll free at (877) 771-1131 or by email to info@goodattorneysatlaw.com.

Bieber and Usher Not Feeling the Love over $10 Million Copyright Lawsuit

The Music Pitch

Songwriters Devin Copeland and Mareio Overton have filed a $10 million copyright lawsuit against Justin Bieber and Usher over their hit single, “Somebody to Love.”  This sordid ditty begins back in 2008 when Copeland and Overton claim they first recorded the song for Copeland’s album, “My Story II,” and registered the copyright.  Music scouts Sangreel Media, in a conference call with Copeland, then pitched their copyrighted music to Jonetta Patton, Usher’s mother.  This presentation led to Patton telling Copeland that Usher wanted Copeland to re-record the album and tour with him.  But Copeland never from Patton again and Sangreel Media never returned the copies of his music.

The Copyright Infringement

Bieber copyright infringement
Bieber and the Law

Fast forward to 2010 and when Overton first heard Justin Bieber’s version of the song on the radio.  Overton contacted Copeland believing their song had been “clearly copied.”  Their copyright lawsuit claims that Usher and other songwriters directly copied “Somebody to Love” and tried to pass if off as their own.  This occurred after Patton never followed up on her offer for Copeland to tour with Usher and Sangreel Media never returned copies of his music.  Usher uploaded the demo track to YouTube by February 2010, but did not use it for his album.  He instead offered it Bieber, a YouTube sensation at the time working on his first full-length album.  The lawsuit alleges Bieber agreed to record the infringing version of “Somebody to Love” and Usher provided the background vocals.  The song was an immediate hit and Usher went on to release a remix with him singing lead and Bieber performing backup.

“Somebody to Love,” ultimately, helped propel Bieber up the charts.  He performed it at the 2010 MTV Music Video Awards, the Today Show, and other television appearances.  It also became a backbone for Bieber’s “Believe” tour.

The Lawsuit

Copeland and Overton ‘believe’ many similarities exist between their version and Bieber’s according to the lawsuit.  This includes opening lyrics that are nearly identical and the same beat pattern.  They claim that that Bieber’s copyright infringing song has been exploited through the sale of albums and singles, but also through the sale of sheet music and live concert performances.

Their lawsuit demands $10 million in compensation from Bieber, Usher, Usher’s mother, and others.  They also want punitive damages on top of the $10 million because of the heinous nature of the copyright infringement.  Copeland and Overton have stated that they are not willing to settle the lawsuit unless it’s proven in court that they are owed less, too.

A big payday awaits if Copeland and Overton can prove their copyright infringement claims in court.  The lawsuit also shows the importance of songwriters and composers registering the copyright to your music.

–          Ari Good, Esq.

Ari Good, JD LLM, a tax, aviation and entertainment lawyer, is the Shareholder of Good Attorneys At Law, P.A.  Ari Mr. Good received his BA, With Distinction, from the University of Michigan in 1993.  He graduated from the DePaul University College of Law in 1997 and received his LL.M. in Taxation from the University of Florida.  Ari represents DJs, live musicians, fashion models and other entertainers in copyright, licensing and contract matters.

Image by Mt. T in DC

The Six Rights of Copyright – Part IV: The Right to Publicly Perform

The Right to Publicly Perform is the fourth part in our series on what makes a Copyright.  The prior three rights reviewed are linked below for you to get up to speed.  To refresh, the six parts of copyright are:

  • The right to reproduce the copyrighted work
  • The right to prepare derivative works based upon the work
  • The right to distribute copies of the work to the public
  • The right to publicly perform the copyrighted work
  • The right to publicly display the copyrighted work
  • (sound recording only) The right to digitally transmit to publicly perform the copyrighted work

To try to get behind the curtain of copyright, we’re individually exploring each of these six rights.  An understanding of each and how they operate will allow you, the creator, to be in a better position to take advantage of your copyright.

There are a couple words of caution.  First, the practical effect of these exclusive rights will depend on the type of copyrighted work (literary works, musical works, motion pictures, sound recordings, etc.).  Second, these are exclusive rights.  The law allows only the copyright holder to exercise these rights.

IV.  The Right to Publicly Perform the Copyrighted Work

 

The right to publicly perform means only the copyright owners, or others they authorize, may perform their works publicly. 

 

This right prohibits would be thieves from performing a copyrighted work before the masses and profiting from that theft.  As an exclusive right, anyone wishing to perform a copyrighted work publicly must first obtain permission from the copyright owners.   Copyright owners, at least in the music industry, are often different from the people who created the work in the first place.  How far this right extends depends on answering two questions.

  1. What acts does a performance cover?
  2. When is that performance public?

The definition of performance under the Copyright Act goes beyond the usual examples of live works.  

 

Right to Publicly Perform
Live Public Performance

The term performance certainly covers situations when a person executes a copyrighted work live.  Examples of this include a band playing music in front of a crowd, a theater company performing a ballet before an audience, or people watching a film at the movie theater.  However, it also covers analog or digital transmission of performances by radio, television, and internet streaming.  Examples of transmitted performances include a song played on the radio, a recording of the ballet played on television, and a film screened for locals at a community park.  A performance occurs when the work is done live and when someone transmits a recording of the work.

The definition of public under the Copyright Act means any group beyond family and close friends.

 

A performance is public when the work is performed: (1) in a place open to the public, or (2) at a place where a substantial number of persons outside of a normal circle of a family and its social acquaintances are gathered.  In plain English, music you play for your family (3rd cousins need not apply) or close friends (not everyone on your Facebook friends list) will be a private performance.  Putting out flyers for your upcoming rendition of Britney Spears’ greatest hits, however, would be a public performance.  A performance is also public when you transmit the copyrighted work to a general audience.  This happens when a radio station plays a song, a television show includes that song during a dramatic break up scene, or you stream the song from your internet radio station.  Transmission of a performance will be public unless you restrict it to only your family or close friends.  As a general rule, live or recorded performances that can reach more than a few people will be public performances.

The traditional right to public performance applies to musical works, but not sound recordings.

 

Copyright owners of musical works (songwriters and music publishers) gain the traditional right to public performance.  Copyright owners of sound recordings (record labels), however, are left out in the cold.  A musical work is the composition, arrangement, lyrics, and other details that embody a song.  A sound recording is a specific performance of that musical work.  A musical work results when a band gets together to create an album.  A sound recording results when that same band goes into the studio to record the album.  The practical effect of this distinction is that analog radio stations must obtain a license only for musical works before playing songs on the air.  They don’t need permission from the owners of sound recordings that they actually broadcast.  This is true even though radio stations would have nothing to play without these sound recordings.

Three U.S. Performance Rights Organizations (PRO’s) (BMI, ASCAP, and SESAC) handle the vast majority of licensing and royalty issues for musical works.  There is a vast sea of musical works out there.  PRO’s strive to organize this complex network by licensing musical works on behalf of songwriters and bands.  The PRO’s then collect royalties for the licenses and send checks to the songwriters and bands.  The PRO’s are certainly not charitable entities, however, and take a cut of the royalties to cover the expenses in managing the system.  Some would say too big of a cut.

This oddity of the traditional public performance right has its roots in the history of Copyright.  Copyright protection existed long before people could record music and sheet music (an example of musical works) was the standard.  Copyright protection for musical works was necessary at that time, but obviously not so for non-existent sound recordings.  Copyright law failed to keep up with evolving technology, however, when sound recordings emerged to provide people with a different way to access music.

Congress tried to fix the problem by passing the Digital Performance in Sound Recordings Act (DPSRA).  This created the sixth right of Copyright: the right to perform publicly by digital transmission.  The DPSRA did provide relief for sound recording owners, but also created a volatile two-class system.  Internet radio stations like Pandora and Spotify now have to obtain licenses and pay royalties to copyright owners of musical and sound recordings.  Analog radio stations, on the other hand, continue to enjoy preferential treatment and only have to answer to copyright owners of musical works.  Analog radio stations have a huge financial advantage over internet radio stations as a result.

The right to public performance does have its limitations.

 

For every rule, there are exceptions.  The right to public performance is no different.  Charitable, non-profit, and educational groups may publicly perform copyrighted works without permission if it’s for a reason recognized by law.  Certain businesses may also play copyrighted music without permission for their customers if they play by the rules.

  • The business must receive the music from a licensed radio, cable, satellite, or television broadcast;
  • The business must be on the smaller side;
  • The business must play it only in their establishment;
  • The business cannot charge an admission fee.

A club that charges admission to listen to a recording of the latest, greatest pop album is not going to fall into this exception.  The ubiquitous Fair Use exception to copyright protection can come into play for the public performance right, too.

That’s a lot to go over!  Go ahead and ask questions if you have them, or leave a comment if have an interesting anecdote about the public performance right.

–          Ari Good, Esq.

Ari Good, JD LLM, a tax, aviation and entertainment lawyer, is the Shareholder of Good Attorneys At Law, P.A.  Ari Mr. Good received his BA, With Distinction, from the University of Michigan in 1993.  He graduated from the DePaul University College of Law in 1997 and received his LL.M. in Taxation from the University of Florida.  Ari represents DJs, live musicians, fashion models and other entertainers in copyright, licensing and contract matters.

Image by Wootang01