James A. Rose

The year is 2019, and the writer of "Lady Marmalade" has filed suit in the month of April in the federal Central District of California: Copyright infringement, breach of contract, accounting, and declaratory relief. The publishing agreement and other documents included as exhibits are from 1973 and 1974. And the sum of damages being requested is astronomical - as in $20 million. But at issue are simple principles of copyright law, whether you consider the 1909 law that governed us when Kenny Nolan first signed off on agreements regarding his catalog or whether you consider the 1978 law that is in effect today. When you split a copyright, the two parties who split must account to one another for the royalties received and must be accountable to each other regarding any transfer in shared interest of copyright. It seems somewhat far-fetched to imagine that a writer and publisher would believe for a moment that they could enter in to a split publishing agreement, divid...

Well, in case you are following the Kane Brown federal litigation saga and my analysis from 3/18/2019, mediation is now officially OUT as a remedy from the vantage point of this entertainment lawyer. At least for now. It seemed that someone on Kane's legal team was reading my blog and rebutting it all in one fell swoop. Just as my spiel on the complaint filed by Zone 4, Inc. went live, the answer, affirmative defenses, and counterclaim of Kane Allen Brown went to the court clerk in Atlanta. So read backward to March 18 of this year. But read forward, too. Because this litigation is not going to end soon. The upshot is that Jamal Jones p/k/a Polow Da Don ("Polow") has some explaining to do regarding his prior relationship with Sony Music Nashville via Epic Records. The answer from Brown indicates a "Secret 2013 Epic/Sony Deal" by which Polow and his company Zone 4 were obligated to bring any identified artist talent to Epic/Sony. This secret deal pro...