Knierim and Frazier hit with lawsuit for use of song

[gsk8]

Team USA skaters Alexa Knierim, Brandon Frazier sued for song use at Beijing Olympics

Heavy Young Heathens accused the skaters, along with NBC and U.S. Figure Skating, of using the song “House of the Rising Sun” without permission.

sports.yahoo.com

Team USA figure skaters Alexa Knierim and Brandon Frazier were hit with a lawsuit this week by a music group for their use of their version of “House of the Rising Sun” during the Winter Olympics in Beijing.

In all the years I've followed the sport, I've never heard of this happening. Have you? I'm not even aware of a process for asking for "permission," although that of course doesn't mean there isn't one.

Looks like the group resides in California, and since K/F do too, the group is being "opportunistic" - especially since they waited until the Olympics. The group should be thrilled for the "free" promotion which would inevitably enhance sales and presence.

Your thoughts?

 

[labgoat]

Music group sues NBC, US figure skating pair over use of song during Winter Olympics

Heavy Young Heathens allege they were not contacted about the use of their music during the team figure skating competition at the Beijing Olympics.

news.yahoo.com

 

[Arigato]

Who is in charge of checking music rights? You'd think a checklist would have been done long before the Olympics.

 

[el henry]

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

 

[labgoat]

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

I think they should be happy with the publicity. I had never heard of them before this.

 

[cheerknithanson]

I think it's a bit silly.

 

[Amei]

More drama in figure skating? Shock...not

 

[gsk8]

Doesn't look like the group even has a "social media" presence. Maybe they need funding.....

 

[Seven Sisters]

I think they should be happy with the publicity. I had never heard of them before this.

and, respectfully, that cover is not all that great. JMHO

 

[TT_Fin]

I edited this post totally (the same thing but more translation) after I understood more and clarify my previous comment a little bit how it works in Finland, I translated a little bit more from Finland's FS Federation sizes than first. (Cursive I my comments, others are translations)
.
"The use / performance of music in connection with coaching, rehearsals, competitions and performances always requires permission from the performer, authors, producer and publisher of the music.

The licenses of the major copyright organizations Gramex ry (performance compensation agreement) and Teosto ry (music performance agreement). (Teosto is an association which takes care musicians get their financial compensation for public performirng and recording their music and Gramex is Finnish associations which is founded to supervise musicians' rights. Both of these associations are non-profits).

The Olympic Committee (I suppose Finnish Olympic committee) has agreed centrally with Teosto and Gramex on the performance of music. This agreement covers all associations that practice music, including the Finnish Association's figure skating, so we have reached an agreement with the most end users, ie clubs. The association (FS association)pays the costs of the agreement and invoices the actual cost from clubs. (This means the Olympic committee does it for every sport which use music, not just FS. I have no idea what skaters pay themselves, probably depends on their club. If here are skaters from Finland, they probably know).

The content of the agreement is as set out below. More information on Teosto's website.

Performing music
The agreement entitles Teosto / Gramex to represent the protected music as follows:

exercises
in internal training
in domestic competitions
in international competitions (not in value competitions in case of Finland this means Olympics, WC, EC and I suppose also JWC)
in members' own shows, etc. (audience at most15,000)
at public skating events (no use of direct call services such as Spotify)

Note! The permit does not cover all use of music, e.g. the use of music on the internet and on the social media is not covered by this agreement but requires a separate license.

Recording music
Teosto contract has covered a small-scale recording (28 melodies or parts thereof / club / year). If there is more use, a permit is needed, which the clubs apply for on an event-by-event basis.

Permission from Gramex is required to record or use music purchased from online stores."

I suppose different countries have their own ways but I found it it interesting that big competitions need their own contracts. I have often thought how it is and it would be interesting to know how it goes in different countries.

But as somebody said after I have posted originally post, I also have thought maybe the band wants publicity.

 

[chuckm]

The music is horrible---it's the only bad thing about Alexa/Brandon's FS. If I were them, I'd get new music for Worlds. Why give these litigious no-talents any more publicity. Poo on them!

 

[Rikku]

I'll copy myself from the fanfest thread:

As far as lost revenue goes..where? I don't think anyone illegally downloads music from skating programs especially if there are 'clean' , not interrupted by commentary or audience noise, versions available. I also don't think anyone tuned in solely because they wanted to hear the song again and there are no other options to do so.
If anything, they got free advertising.
Also it's not like the program was premiered during the olys.
I can see how they legally might have a case, if they were in fact not asked for permission, but it seems...nitpicky.

 

[Amei]

I'll copy myself from the fanfest thread:

Well US pairs figure skating isn't exactly a hugely watched thing, the band might not have known their music was used until the Olympics, an event where casual fans might watch something they normally don't watch - especially based off the US coverage where events are broken up and they'll have like 2-3 skaters compete then NBC will show some other event, then go back to figure skating for 2-3 skaters then switch again.

If Knierim/Frazier and their team didn't get the proper clearance to use the music it was a really dumb error on their part.

 

[Rikku]

Well US pairs figure skating isn't exactly a hugely watched thing, the band might not have known their music was used until the Olympics, an event where casual fans might watch something they normally don't watch - especially based off the US coverage where events are broken up and they'll have like 2-3 skaters compete then NBC will show some other event, then go back to figure skating for 2-3 skaters then switch again.

If Knierim/Frazier and their team didn't get the proper clearance to use the music it was a really dumb error on their part.

Like I said, I can see how the band has a case; because, as you wrote, it's a really dumb error to not get clearance, but I also don't think they missed out on tons of money bc Knierim/Frazier used their music. And sure, that doesn't make much of a difference for the suit bc infringement is infringement, but idk, it comes off to me as if they saw NBC is involved and now hope to cash in.

 

[skatesofgold]

The music is horrible---it's the only bad thing about Alexa/Brandon's FS. If I were them, I'd get new music for Worlds. Why give these litigious no-talents any more publicity. Poo on them!

It's their short program music.

 

[Mathman]

I have never heard of this group either. The iconic male version of song is the Animals' take in the 1960s.

The copyright issue is, I believe, why many figure sklaters use popular music but find some obscur cover insread of the real deal. I know that figure skating fans are constantly being annoyed by You Tube muting a figure skating performance, or renoving the video of a performance entirely, over music copyrights.

Anyway, as far as I know Knierim and Frnsier are not rich. If the Heathens sue NBC, the IOC, thre Peoples Republic oc China, etc , those organizatrions can afford lawyers that are adequate to defend themselves -- or maybe they will pay the Heathens some nusance money just to make them go away.

 

[Weathergal]

Who's normally in charge of getting music rights for a program? The choreographer? The skaters themselves? The federation?

 

[cathlen]

It sounds like they sued them to make more noise about their little group.... They just want attention. I can't imagine how it was okay till now and suddenly it isn't.

 

[anonymoose_au]

My first thought was that maybe they didn't want their music used at this particular games because of the politics surrounding it.

But maybe not

Poor Alexa and Brandon I'd have preferred they'd used the original if they could!

 

[el henry]

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.