Fans trying to stream Dwight Yoakam’s “Honky Tonk Man” and “Miner’s Prayer” on Apple Music found that the songs were removed from the service, while Warner Music Group (WMG) allegedly took down the music, according to ‘ a lawsuit filed Monday. , The country star “despite”.
Section 203 of the Copyright Act – which came into force in the 1970s – provides that artists will be able to terminate the rights of a label on their music 35 years after the first release of the work. Yoakam’s first album released by a Warner Music Group label, Guitars, Cadillacs, etc., etc., turns 35 this March and the singer-songwriter has been preparing for the day for about two years.
Yoakam first notified WMG of its intention to regain its rights in February 2019 when it sent the company the first termination notices. In December 2020, he submits the notices to be recorded at the United States Copyright Office. Monday’s legal complaint explains that Yoakam’s executives and members of the legal team have had numerous calls with representatives of the label over the past two years – and instead of acknowledging these termination notices, the label tried to negotiate bargaining terms for ‘ an ongoing relationship with Yoakam. On January 20 this year, Yoakam again sends a letter in which he again asks that the label acknowledge the notices. According to the legal complaint, the label ignored the requests and tried to plan another call to discuss alternative options.
On January 29, Yoakam sent a final letter threatening legal action by including a draft of the unofficial charge. “Despite this, and despite Mr. Yoakam, was the response of the accused that some of the works involved in this would be “taken down”, the complaint reads. Six of the MP’s ten songs, including ‘Miner’s Prayer’, were released before Yoakam’s first deal with WMG. Shortly before it was time to fall Guitars, Cadillacs, etc., etc., a newer song “Honky Tonk Man” was released along with a reissue of the older song “Miner’s Prayer” on January 31, 1986 as a promotional package. It appears that the label agrees to stop taking advantage of certain works to avoid potential copyright infringement, but has not yet agreed to transfer the rights back to Yoakam.
As for the other songs, the label presumably did not come to a decision, although he has two years to consider the options. In addition, Yoakam’s team argues that no decision should be made, claiming that the label has no choice. The Copyright Act covers all work “except a work made for hire”, which applies to work done by an employee or work commissioned for a project such as a film or composition – and Yoakam’s team says no case applies to the star.
Yoakam’s team claims he is “irreparably injured every day if the accused do not acknowledge the validity of the termination notice.” By taking away from his music, he can make no royalties from the songs. The complaint also points out that the conduct of the label results in Yoakam not being able to sell his intellectual property as he sees fit. (Perhaps Yoakam wants to make a deal similar to the multimillion-dollar catalog acquisitions that have recently benefited people like Neil Young and Stevie Nicks.)
By removing music from streaming platforms, Yoakam’s team believes that WMG “implicitly” acknowledges the notice of termination, while also upholding the right of Mr. Yoakam refuses to exploit these works himself. “The charge continues: ‘The accused, by refusing to return the works of Mr Yoakam, while at the same time refusing to exploit the same works, are essentially holding Mr Yoakam’s copyright as hostage and paralyzing Mr’s copyrights . ”
“The termination rights that Congress has given to artists like Mr. Yoakam to regain control of their intellectual property are essential rights that must not be interfered with or delayed,” said Yoakam’s attorney, Richard S. Busch. Rolling clip. “We did not want to file this lawsuit, but we were forced to do so for all the reasons set out in detail in the complaint.” Representatives of WMG did not respond immediately Rolling clip‘s request for comment.