Knierim and Frazier hit with lawsuit for use of song
- Thread starter gsk8
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The issue isn’t the status of the performer. It’s that permission MUST be asked & obtained for use of copyrighted material. (Many artists will grant it without charging a fee, but to just use the music without permission is the same as stealing it.) Since K/F have been using this music all season, either the correct protocols were followed previously (but not for the Olympics) or the musicians just became aware of their song’s use during the Olympics. Or their “people” weren’t aware that NBC had obtained the rights.
I don’t want to sound like a nag on this issue, but for 40+ years, published articles I’ve written (mostly on pop music but also on skating) have been shared on the internet without permission or payment. I finally got a small settlement for past offenses via a class-action lawsuit, but still ...
I thought BMI and/or ASCAP collected royalty fees for performances from the TV network and the venues. I don't know if authors need to opt in or can opt out of these fee collecting services. The last law suit by this group involved 6 seconds of one of their songs that was used in a TV show.
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I personally hope Knierim & Frazier change their music! I believe this is a traditional folk/blues tune that is in the public domain (in other words, no royalties need be paid.)
Maybe Starr Andrews could record her own version, she has a lovely voice!
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- May 25, 2014
Thank for the link - very helpful! I couldn't remember whose responsibility it was, but I thought there was some kind of permission and/or fee.This article explains copyright and figure skating:
Do Olympic Figure Skaters Have to License the Music They Skate To?
Nathan Chen won gold against a backdrop of Elton John songs. But who shelled out for the music license?www.mentalfloss.com
Knierim and Frazier are not responsible for the clearances, and therefore aren't "dumb".
The brothers and their dad are trying to shake down someone, anyone for some extra cash. I hope NBC stands firm rather than pay them off.
With all this mind, why is the band's dad suing the skaters then? Just suing everyone he can to see who will pay?
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I think it was Kevin Reynolds.
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That's right! I couldn't remember the skater, but I think I remember the composer - it was Joe Hisaishi. (Of course you'd remember as Kevin's #1 fan!)
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Hahaha oh gosh. I don't know about #1. But yeah I feel like that situation was stupid as well.
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I read that 2 of the previous lawsuits, 1 against Viacom and the other I forget the name of the company... were dismissed by the judge in each case. I think this is a matter of money really on the plaintiff's side. The Dad appears to be a professional ambulance chaser. NBC handles blanket copyright broadcast permissions for music that's broadcast during the Olympics so it isn't Knierim and Frazier's fault at all. Plus the musicians recorded a cover and they are not even the original artists of the song. I say frivolous/money seeking/publicity grabbing intentions on The Heathens! The judge will dismiss this case, I am 99% sure about that.I'm too tired to remember copyright law.
But usually the venue obtains a license that covers all music played at the venue. I cannot imagine that dd not happen here.
Of note:
The Heathens group (that I have never heard of) constitutes two brothers. with the last name of Marderosian. They are represented by their father, an attorney named Mick Marderosian. This is not the first copyright lawsuit they have filed.
Easy to file lawsuits when dad will do it
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Obviously they are misinformed - someone must have told them there is a lot of money in skating.
Good riddance if Alexa and Brandon change their music asap - I had to mute it because I thought I felt my ears starting to bleed.
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Yeah, there are some covers that I really like - this one, not so much. Perhaps they can use a different cover or maybe even the original for their FS at Worlds.
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And also considering it IS a cover - it's not like this is the result of their own original genius....
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Not sure their folksy style would work so well with "In the House of the Rising Sun."
There is no plus. Whitney Houston's cover of I Will Always Love You — one of the best-selling songs of all time — was originally done by Dolly Parton. Musicians make covers all the time and have full legal rights to sue, should someone use it without permission.
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Can we skip the comments about " anyways, this cover sucks or the musicians suck" I find it quite unfair to the artists who deserve respect for their work. The skaters certainly saw some value in it. Do I agree that this lawsuit is an attempt for publicity ... yes. But that still doesn't make comments about the music itself fair.
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- Jun 21, 2003
Dolly Parton received more than ten million dollars in royalties from Whitney Houston's recording of her song. Parton put the money into a community center complex in a Black neighhood in Nashville and called it "the House that Whitney built."
I'll bet she did. It's like hitting the lotto. lol.
Dolly was the songwriter, so she gets royalties not just from her own performance & Whitney’s cover, but from every other performance/recording of the song.
In the case of “House of the Rising Sun,” it’s an old folk song without known authors, so its public-domain status makes it not subject to songwriting copyright. But each cover version could have a copyright for the arranger and/or performer.
In the case of “House of the Rising Sun,” it’s an old folk song without known authors, so its public-domain status makes it not subject to songwriting copyright. But each cover version could have a copyright for the arranger and/or performer.
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- Oct 9, 2011
True... but this pair of musicians appear to have a history of dismissed cases...I guess all of the facts will come out on this case when the judge reviews it...I guess it's just these Heathens are obviously not on the level of Dolly Parton. Plus this same attorney filed copyright lawsuits against Viacom, Fox Sports, and Metropole Media. Not sure how successful they are at winning if there was something that technically covered the broadcast rights if it's a big network. I mean do smaller artists who do covers of the original songs, do blanket copyright fees paid by NBC get shared with the original artist, in the Whitney Houston case, Dolly got royalties. So do the Animals get royalties if it really is a public domain song?
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