• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Prince

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

tranquility

Senior Member
As most or all who read this knows, Prince has died. I'm a bit sad. First, I hate people younger than I dying. Second, I am disappointed I will hear no new things from this creative genius. I can't say I'm a "fan" as music is not something I pay great attention to. Yet, whenever I hear one of his things on the radio, I don't hit the button to change it to something else. Well, except for today. Where I was driving in my car and hit the button got a Prince song and didn't like the next. So, I hit the button--where a Prince song. No, I'm done, hit the button and Prince. Repeated by all but two of the 15 buttons. WTH? Got back to the office and found out why. Pity.

From the little the news media let me know through the years, he was upright, reverent, thrifty and brave. I don't know if it is true or not. But, I suspect he was not found with a needle in his arm, naked and a dead hooker or a live boy in the elevator. I suspect he was a person who lived his live with the struggles we all have. Some are luckier than others. He may not have had some of the luck I had.

That being said, I almost titled the post "The artist formerly known as Prince". I would have used the "unpronounceable symbol", but don't have the font Warner sent out to all the entertainment news media. Do you know why that was important? Legal reasons. It had to do with contractual things and was part of a legal strategy to keep him from being a "slave". (Please don't get butthurt about the use of some terms without reading a bit about the issues here.) I think time and his theory may have won that battle.

As to more basic IP issues, P was incredibly hard core on creator's rights. That is why I feel it appropriate to write. He wanted the vagueness of the law to be decided in certain ways that benefit the artist. He certainly lost some revenue because of the stance so he is not a hypocrite. But, P is an example of a rich person who feels he truly invented something (In copyright over patent.) and that others should not "use" it in any way. (Use is in quotes as what is use can be difficult to define.) There are multiple suits over time. One that lasted in the courts for almost a decade had a decision of (Not exactly, look it up if you care.); yea, you should probably consider fair use before suing. I would say it is a loss to P's suit. Yet, we'll see. Another thing not done. A thing that may be less considered because now the issue is decided by a fiduciary and not one with core beliefs. Let's face it, a fiduciary is not going to push the law as the principal would have. Don't misunderstand, I think P was wrong. But, of all the creative artistes I've seen, he is the one that tried to push the law the farthest.

I am sad he died. I am sad he is no longer an advocate for a position I completely disagree with on intellectual property. He was truly creative, he made truly unique things, and he was willing to fight for IP law protections.

I know the world will be sad as the music stops. I believe the world should be sad because a moneyed interest with reasonable argument in theory and facts will no longer influence the law.

I understand my theory of what the law should be is more secure tonight. Yet, argument seems the best way to decide. Even without the loss of the talent, I morn the loss of the advocate.
 


LdiJ

Senior Member
It appears that it was the flu that ultimately killed him. Kind of like the flu that my family had. You got sick, took medicine and thought you were better, until you suddenly collapsed. When his plane made the emergency stop last weekend he probably should have stayed in the hospital.
 

Just Blue

Senior Member
It appears that it was the flu that ultimately killed him. Kind of like the flu that my family had. You got sick, took medicine and thought you were better, until you suddenly collapsed. When his plane made the emergency stop last weekend he probably should have stayed in the hospital.
I just found out myself that he passed...And tho he was never my favorite artist...I had tremendous respect for his huge musical ability. Very sad day for the music world. :(

LD...That is what I heard about his passing...He had felt lousy for the last month and several hours after he left the hospital he was found dead at home. Just very sad...
 

quincy

Senior Member
... As to more basic IP issues, P was incredibly hard core on creator's rights ... I am sad he is no longer an advocate for a position I completely disagree with on intellectual property. He was truly creative, he made truly unique things, and he was willing to fight for IP law protections ...
Prince was protective of his publicity rights and his copyrights, as all artists need to be, and he was protective of his privacy, which many artists are. Prince felt the need to enforce his rights by taking legal action against infringers, again as many artists must.

The Prince v. Chodera suit was over direct copyright infringement, unauthorized fixation, and contributory copyright infringement and bootlegging. Here is a link to the original documents filed by Prince Rogers Nelson in 2014 against Dan Chodera et al (made available by Mike Mesnick, Techdirt): https://www.documentcloud.org/documents/1009473-201201287-prince-v-chodera.html

His death was sad.
 

tranquility

Senior Member
Prince was protective of his publicity rights and his copyrights, as all artists need to be, and he was protective of his privacy, which many artists are. Prince felt the need to enforce his rights by taking legal action against infringers, again as many artists must.

The Prince v. Chodera suit was over direct copyright infringement, unauthorized fixation, and contributory copyright infringement and bootlegging. Here is a link to the original documents filed by Prince Rogers Nelson in 2014 against Dan Chodera et al (made available by Mike Mesnick, Techdirt): https://www.documentcloud.org/documents/1009473-201201287-prince-v-chodera.html

His death was sad.
At the same time, a case still that might no longer be in litigation because of his death (A fiduciary has a different criteria than a principal.), Lenz v. Universal Music Corp 801 F.3d 1126 (2015) while issued on the power of takedown notice and fair use had to do with a mom who posted a 29 second clip of her child dancing to "Let's go crazy". He was an absolutist on IP rights.
 

quincy

Senior Member
At the same time, a case still that might no longer be in litigation because of his death (A fiduciary has a different criteria than a principal.), Lenz v. Universal Music Corp 801 F.3d 1126 (2015) while issued on the power of takedown notice and fair use had to do with a mom who posted a 29 second clip of her child dancing to "Let's go crazy". He was an absolutist on IP rights.
Universal holds the copyright to Prince's "Let's Go Crazy."

Here is a link to Lenz v. Universal Music Corp, a fair use and DMCA takedown notice case:

https://cdn.ca9.uscourts.gov/datastore/opinions/2015/09/14/13-16106.pdf

In the absence of a will, his siblings stand to inherit his estate.

In his honor, it would be nice if Prince fans would actually go out and BUY his music (instead of illegally downloading it). ;)
 

tranquility

Senior Member
Universal holds the copyright to Prince's "Let's Go Crazy."

Here is a link to Lenz v. Universal Music Corp, a fair use and DMCA takedown notice case:

https://cdn.ca9.uscourts.gov/datastore/opinions/2015/09/14/13-16106.pdf

In the absence of a will, his siblings stand to inherit his estate.

In his honor, it would be nice if Prince fans would actually go out and BUY his music (instead of illegally downloading it). ;)
In the honor of society, it would be nice if those who inherit recognize the current law (In the 9th) is that fair use while procedurally a "defense" is really not an infringement in the first place.
 

quincy

Senior Member
In the honor of society, it would be nice if those who inherit recognize the current law (In the 9th) is that fair use while procedurally a "defense" is really not an infringement in the first place.
The fair use doctrine allows for some unauthorized uses of copyrighted material. If within the context of criticism or commentary or parody, or in the course of news reporting, or for teaching purposes, or as part of scholarship or a research activity, a use might be permitted without authorization from the copyright holder. However, fair use is an affirmative defense to infringement. It is still infringement. It is using someone's copyrighted material without authorization from the holder of the rights. Even when a use falls within the contexts listed above, for example, not all parodies or educational uses will be considered a fair use of copyrighted material.

If a copyright holder does not believe a use of their material is a fair use, the copyright holder can sue for infringement and a court will decide.

There are several factors looked at by a court - the purpose and character of the use (including whether the use is of a commercial nature or not), the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the whole, and the effect of the use upon the potential market for or value of the copyrighted work.

All of those factors needed to be weighed by the Court in Lenz.

The Copyright Office recommends, because there are only guidelines and no "absolutes" when it comes to fair use, that anyone wishing to use the copyrighted material of another should seek permission from the copyright holder first. If permission is not sought or not granted, it is wisest to not use the material. You risk a lawsuit otherwise.
 
Last edited:

Silverplum

Senior Member
While speaking with my Mom yesterday, I tried to compare the loss of Prince for me to the loss of Elvis for her.

She looked at me like I am still an impertinent teen and said, "No. Not like Elvis." Total finality.

The generation gap remains. :p
 
Sponsored Ad

Top