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Legal issues

How NOT To Make It (for long)

Monday, June 29th, 2009

Y’know, we’ve talked a lot about how to start a rock band, get its first gigs and into the ears of those who can help move it forward.

But there’s one thing that every band should do … and that’s make the act non-offensive in its presentation.  Make your band and music acceptable to fans in general, and you’ll have very little problem growing one helluva fan-base (which, btw, buys the CDs, attends paying concerts, etc.).

But, for the sake of “getting noticed”, some will take the opposite (read: dumb) approach.  For example:  there are a few bands on a limited (very limited) circuit that have the “F-word” in their names. 

While they might think it’s radical or sends a statement, don’t kid yourself:  They’re doing it because it’s the only way they can get noticed!  Their sound’s just not that good to begin with!
And they seem to forget the number of legal issues surrounding the use of their “name”, which include various decency and incitement ordinances.
In other words, the sound you’re hearing from their sets isn’t a snare’s rimshot … it’s the sound of them shooting themselves in their musical feet!

They won’t be heard on radio; most TV gigs will be out-of-the-question; and larger venue managers will, for the most part, avoid them like the plague!

Remember … whatever you begin to play now, the way you carry that act onstage, even down to the band name you choose … can typecast you, not only now but all through your entire musical career!

AEG: Are They Gonna Refund??

Friday, June 26th, 2009

Michael Jackson’s death yesterday has brought a looming question to thousands of fans who’d already bought tickets to his O2 This Is It shows:

Are we gonna get a refund?

So far, the answer is yes“in due course”, according to AEG Live, who was sponsoring the gigs.

As with the rest of the world, the suits-behind-the-show are still in shock after learning of the self-proclaimed “King of Pop’s” demise and, with everything else to be handled about the eternal cancellation, they’re just not ready to handle the heavy refund load.

At present, there’s $82 million to be refunded off 750,000 ticket sales. It’s one of the biggest refund efforts in the history of the concert industry, and one concert executive said it’s also the “biggest mess in the history of our business.”

Ticketmaster’s customer service line played a recorded message advising customers to “await communication” from the company regarding refunds.

It continued: “We understand this is an upsetting time for all Michael Jackson fans and we want to thank you for your patience in this matter.”

And secondary ticket service Seatwave also told fans that they’d get a full refund.

“We are all saddened by the news of Michael Jackson’s death,” said CEO and founder Joe Cohen in a statement.
“All customers who purchased tickets for his O2 shows from Seatwave are covered by our TicketCover guarantee and will get a full refund.
Full information on how to do this is on our Web site at www.seatwave.com. We advise customers to use the Web site rather than our phone lines to obtain this information.”

Look … the world needs to take time to mourn Michael’s passing, as we’d need if we’d lost a loved one.  After all, he was a member of the rock family!

Paperwork (and ticket refunds) can come when that’s done.  Agreed?? …

Black Sabbat(h)ical …

Tuesday, June 2nd, 2009

Now, lemme see if I’ve got this right:

Tony Iommi, guitarist for Black Sabbath, is being sued by the rest of the band because he used its name while they had disbanded. And now they want the name back because they’ve reunited!
Without him on guitar, natch …

Sounds puzzling — but Ozzy Osbourne and the rest of the real Sabbath band are apparently going through with the lawsuit!
Here’s the petition that Ozzy had written:

‘It is with great regret that I had to resort to legal action against my long-term partner, Tony Iommi, but after three years of trying to resolve this issue amicably, I feel I have no other recourse.
‘As of the mid-1990’s, after constant and numerous changes in band members, the brand of “Black Sabbath” was literally in the toilet and Tony Iommi [touring under the name Black Sabbath] was reduced to performing in clubs.
‘Since 1997 when Geezer, Bill and myself rejoined the band, Black Sabbath has returned to its former glory as we headlined sold-out arenas and amphitheatres playing to upwards of 50,000 people at each show around the world.
‘We worked collectively to restore credibility and bring dignity back to the name “Black Sabbath” which lead to the band being inducted into the UK and US Rock And Roll Hall of Fames in 2005 and 2006, respectively.
‘Throughout the last 12 years, it was my management representatives who oversaw the marketing and quality control of the “Black Sabbath” brand through Ozzfest, touring, merchandising and album reissues.
‘The name “Black Sabbath” now has a worldwide prestige and merchandising value that it would not have had by continuing on the road it was on prior to the 1997 reunion tour.
‘Tony, I am so sorry it’s had to get to this point by me having to take this action against you. I don’t have the right to speak for Geezer and Bill, but I feel that morally and ethically the trademark should be owned by the four of us equally.
‘I hope that by me taking this first step that it will ultimately end up that way.
‘We’ve all worked too hard and long in our careers to allow you to sell merchandise that features all our faces, old Black Sabbath album covers and band logos, and then you tell us that you own the copyright.
‘We’re all in our 60s now. The Black Sabbath legacy should live on long after we have all gone. Please do the right thing.’

So what do you think? If Iommi, in fact, does own the copyright, should he go through all the legal rigamarole to get it switched back over to the band?
Or, as some bands already do, should Sabbath maybe tweak their name a little, like “The Original Sabbath” or something?

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