A lawsuit was filed this week against the writer of Vashawn Mitchell’s hit song Nobody Greater, Darius Paulk; along with EMI Christian Music Group (Vashawn’s record label) and Sony Music Entertainment (EMI’s distribution partner.) Gospel artist and Pittsburgh native Travis Malloy claims in the lawsuit that he helped write the song but wasn’t given his credit and therefore hasn’t made any money off of the song.
Vashawn Mitchell’s, the writer of the hit song, Nobody Greater received a lawsuit along with EMI Christian Music Group, (Vashawn’s Record Label) and Sony Music Entertainement. (Distribution Partner) Travis Malloy, a Gospel artist claims he was not given credit and any money associated with the song as he assisted in writing the song. Most writers do not sue or file a lawsuit prior to the song going platinum or becoming popular, due to the money and time that is involved.
Per the documents, “In 2010, “Nobody Greater” appeared on Vashawn Mitchell’s album “Triumphant” and has sold over Seventy Thousand (70,000) copies. The complaint states, “defendant EMI has released the song for sale and has obtained an interest in the composition and have collected over Two Hundred Thousand Dollars ($200,000.00) associated with the song writing and performance royalties. Fifty percent (50%) of all monies collected are due to Malloy based on his ownership in composition.”
After reading the lawsuit that was filed, my question would be, what determines the means of co-writing. When an artist writes a song, assists with writing a song their needs to be clarity to determine when the writer would receive royalties. I do understand that a writer would not necessary file for rights the moment the song was released, as the opportunity to receive any royalties or acknowledgement wouldn’t be necessary if the song did not soar to popularity. In the music industry, what accounts for lyrics, words, melody, as well as music key? Does all of this qualify as co-writing or having a part in the success of failure of a song? One, such as Travis would only fight for something that is doing well, most do not want their name associated with a song that has not become a hit to the public.
Eastland Music group, based out of Illinois is suing for the trademark infringement of 50/50. Summit Entertainment as well as Lionsgate and Mandate Pictures released the movie titled 50/50 in September and the movie “so far as grossed early $34 million at the box office and up for an Oscar nomination.” Eastland is requiring all revenue to be turned over to them, anywhere the 50/50 title is used to be destroyed as there is confusion being caused with there website also titles 50/50.
I believe the confusion, which needs to be clarified is the point in time the website changed from “Phifty-50” to “50/50”. If Eastland did not formally register the “50/50” as a trademark then the entertainment affiliates have every right to use the name. This is a great example of understanding what needs to be trademarked for any reason someone may come and pick up the same name, logo or even slogan.
Adam Lambert, possibly ineligible for American Idol, season 8? That is correct, a lawsuit filed claims Adam was already signed with Music Services and co-publishing agreement, which makes him ineligible to appear on the reality show American Idol. Lambert signed a deal through Music Services Agreements with Welsford before he went on the show. The executed deal claims “Welsford paid Lambert more than $200,000 for living and recording expenses.” Adam had recorded 13 songs and even uploaded several on his MySpace account without the publishing company’s authorization. Now that Lambert has become famous, Welsford decided to release the original recording, however Welsford was told to remove the songs from distributors, as there has been infringement rights.
Personally, my thought behind the lawsuit is once again, once someone or something becomes famous and revenue/profit ability is obtainable lawsuits will be filed as most if not all want recognition as well money. The article does not state or show the actual documents however I feel I need to see the exact deal that was signed between Lambert and Music Services before he entered in American Idol. I can only assume, however if there are clear dates in which he signed stating the songs he was currently working on to distribute and release Welsford should receive royalties for the music that is his current label is producing.
In today’s society people want fame and they want it quickly. If one can receive that short-term goal they feel the long-term issue, which will arise, can be handled later. I feel Adam took the opportunity for a chance at American Idol knowing his exposure would be greater and quicker. If American Idol did not work out, he would always have the opportunity to go back with Music Services. Overall, an agreement is a binding agreement and Adam should have taken the time to understand the regulations that were involved if he did hire a lawyer.
