Hey, maybe you could talk to Tim about them selling it at the Compaq Center!! Everyone loves the Yao Ming song and I bet you could sell a s#!tload of copies there every game!
11. One Wish. Beat Tennessee (Me and Kev rip the Titans) Just heard it on 610, Great job. Where will we be able to pick up the CD ? S.J.
Chance, I'm sure you've checked all of this out but did you run into any copyright roadblocks from any of the people you sing about now that you are actually selling cds? I'm just curious what that process was like. thanks
I don't want to speak for Chance, but copyright laws are pretty specific about mentions of names of people, companies, etc. They are almost always protected from copyright infringement laws meaning you cannot be sued for using someone's name or company name, etc unless of course they can prove you slandered them in the process. Much like parody songs, songs that are considered novelty or satire have always been given a pretty wide latitude to say what they will within reasonable standards. For that matter, because songs are artistic and considered an extension of free speech protections, they are rarely challenged by companies or individuals for copyright or trademark infringement. In Chance's case, that covers his mention of Yao, the Rockets or anyone else.
I think that can also be construed as a compliment. Jeff Kent = Cary Elwes (the guy from the Princess Bride - who also had a moustache )
The only thing that made me think of this was something Yao said a few weeks ago. I know for a fact he was asked about the song and if he had heard it. He laughed and said "copyright" in english. Good luck on the cd...that's a great move.
From my attorney's understanding of the law, I have no worries. None of my songs are slanderous and tehy cross-promote the leagues that the players are in so the leagues can't b**** either.
There are what are called "rights of publicity." The right of publicity gives everyone the ability to control and profit from the commercial use of his or her own identity. These are still being tested in the courts and they are something to keep an eye on. In California, for example, where celebrities abound, there have been rulings in favor of celebs but almost exclusively in cases of photographs. There has been one case that I have seen involving a celebrity and a name: <i>Parks v. LaFace Records, 76 F.Supp.2d 775 (1999). Plaintiff Rosa Parks sued musicians who had named a song "Rosa Parks." On a motion for summary judgment, court held that defendants did not violate plaintiff's ROP because defendant's work was protected by the First Amendment. "Titles of artistic works that use names of public figures and celebrities, like the works themselves, are entitled to First Amendment Protection from ROP claims." 76 F.Supp.2d 775,780 (1999)._</i> Courts have been reluctant to grant protection of identities in song form unless the work is slanderous in nature.
Mine too! Actually, Bull is still my fav but they were both parodies and I could not obtain user rights.
initially (from next Tuesday through the 7th of Jan.) they will only be available through cdstreet.com. Every distributor we go to wants exclusivity and I will not offer it so I am still talking to more. I will keep everybody posted.
Hmm...I wish we could sell them through clutchcity.net as a fundraiser. I guess that might cross some lines for Clutch as a fan site though?
Don't be so sure...I want to have a click through link so that folks that buy it that have clicked from cc.net a buck will go to Clutch.
