American Idol is very, very careful to get record-label approval for every song they use, and they’re going to have to start explaining that shit to Ellen in the near future. Her talk show’s producers are being sued for the use of music during the TOTALLY AWESOME “dance over” segment, where Ellen dances through the audience to some super-fun tune and it’s hilarious and even I laugh. But apparently it’s not funny to the record labels, who weren’t paid for license fees.
According to the suit filed Wednesday in U.S. District Court in Nashville, when representatives of the recording companies asked defendants why they hadn’t obtained licenses to use the songs, defendants said they didn’t “roll that way.”
“As sophisticated consumers of music, Defendants knew full well that, regardless of the way they rolled, under the Copyright Act, and under state law for the pre-1972 recordings, they needed a license to use the sound recordings lawfully,” the suit states. …
The suit claims the daytime talk show has used copyrighted music without permission since its inception, including “recordings by virtually every major current artist of popular music.” It claims the show routinely used some of the most popular songs of the day, which the record labels don’t license for daytime television at any price.
Plaintiffs include Arista Music, Atlantic Recording Corp., Capitol Records, Motown Record Company, Sony Music Entertainment, Virgin Records America and Warner Bros. Records.
The suit does not specify the dollar amount it seeks in damages.
My Lord, whomever told these record companies that licensing wasn’t the way they rolled ought to be fired, and quick. Why on earth would they think they didn’t have to obtain licensing? Who do they think they are — bloggers?
I’ll tell you what’s funny, though — no one would have reported on this story if Ellen hadn’t been named the fourth Idol judge this week. Success is a bitch.
You curse like a tar.
Yes – there is nothing more exciting than watching Ellen and her audience jump up and down for four minutes. Now, they may actually have to fill those four minutes with CONTENT. God forbid.
I’ve never seen her show but Best Week Ever used to be obsessed with the dance party and would often post clips. I don’t know how people can watch, it’s he most cringe-worthy, embarrassing thing you could watch (and I watch The Office).
If I ran a record company, I would LOVE it if Ellen used one of my songs on her show. So what if she doesn’t pay for licensing? She has millions of fans who are going to be exposed to the song, and some of them might go out and buy it afterwards! It pays for itself! Oh, well. I guess that’s why I don’t run a record company.
Record companies often license songs for TV at low or no fees for promotional purposes. It’s very common. However the decision of having a song being used either for a fee or for free belongs to the record company not the TV show.
There’s a big difference between allowing something to happen and having something taken from you without permission. If a friend needed to borrow my phone to make a call I would gladly hand it to them. However I would be a little annoyed if I caught him talking on it without asking.
I would be annoyed, too. And I definitely understand the legality of the whole issue. But Ellen didn’t just “borrow a phone” from the record company; she borrowed the phone and put 1,000 extra minutes on it. Personally, if I wanted my stuff to be promoted and someone famous promoted it, I might wonder “why didn’t he/she ask first?” but I also would probably be too happy to sue. Again, though, that’s just me. I don’t fault the record companies for their reaction, I just don’t think I would feel the same way.
The recording industry is so fucked up.
Why doesn’t the music business see it the way that I see it? The music being played on Ellen’s show by Tony is free promotional material. I hope that some of the artists that have appeared on her show stand up for her. It seems that the labels and the RIAA are sue happy lately. The labels hate to admit that a 20th century business model won’t work in the 21st century.
That would set a dangerous precedent.
Also, my mom would be the type to want to be in that audience. She buys shitty music.
Complete bullshit!…. She’s been on the air for how many years?? and just now they have finally notice that she uses popular songs in the show?? very very stupid.
And i agree with Ben from Baltimore, they should be thanking Ellen for using the music, promote it, and make people go buy it afterwards, without her chargins the companies for this shit.
I hope Ellen makes a big deal out of this, and maybe then, the record companies will understand why people keeps downloading music illegally.. Fucking morons.
I also don’t understand! because when she plays she song, it is labled at the botton of the screen; artist, song, album. it’s not as if she was trying to make it her own. honstly i don’t see a difference between playing the music at a party with a bunch of people there without permission and playing it for 30 seconds on tv!.
The Music business is one big hole of contracts and legal processes! How about i ask u to make something…. then you use a shop to sell it to me but however i just took one from your place and used it for a public performance! no one gets paid, right! I make my show better and not so dull therefore i make money from your work and make my show more successful, and YOU earn sweet FA! done deal! I think not , if you work on something you want to get paid. so the record companies will sue as they and the artist want to be paid for there work.
Yes it’s promotion for the artist, but unfortunatley thats not how it works! otherwise all TV shows with famous celebs would be doing exactly the same! ‘Oh but we’re promoting your music and artist so we won’t pay you.’ all i’d have to say to that is THANKS, being a producer myself i know the amount of work that goes into producing tracks.