New York New York Legal Blog

Many people in New York can't imagine a night out without music. When that music is played in a public building, such as a bar or a nightclub, it is important that the establishment has obtained the proper licensing to play it. All too often, businesses make the choice to play music they have no right to play, which can end up hurting the artists who created it and deserve to profit from it. Copyright law can help protect these artists from unauthorized use of their music. Several nightclubs are facing a lawsuit for alleged misuse of copyrighted music.

The American Society of Composers, Authors and Publishers recently filed suit against 15 different bars and restaurants for what it alleges are multiple instances of copyright infringement. One of the clubs had a licensing agreement from May 2009 until April 2018, when it allegedly stopped paying the necessary fees. ASCAP claims it tried to reach out to the nightclub, but that it did not receive the proper response.

Streaming music platforms like Spotify are a good way for artists to get their music exposed to more people. But there can sometimes be problems with the artists being paid the royalties to which they are due from the streaming services.

Since first launching their streaming service to users in 2006, Spotify claims that it paid out royalties of $9.76 billion through the first quarter of 2018. These royalties were paid to music labels, publishers and the artists themselves.

When musicians create a song, they often feel as though they are putting a piece of themselves into it. To hear it get played on the radio is often a dream come true after many years of hard work. Artists in New York and elsewhere haven't always had a great relationship with streaming services since those sites don't always pay royalties in the same way, but most sites have worked out a way to properly compensate the artists. However, Spotify has recently come under fire for distributing podcasts that allegedly contain illegal music in what may be a violation of copyright law.

Reporters claim that some Spotify users are uploading podcast episodes that contain music tracks that have either been illegally obtained or are being illegally distributed, since the artist receives no payment. The tracks are often songs that don't appear on an artist's album, so they are typically popular with users looking for new content from their favorite singers or rappers. Critics say that Spotify hasn't done enough to prevent these podcasts and that even if they eventually get removed, the number of streams is sizable. In some instances, these bootleg podcast "episodes" are just one song, so users can, in a sense, create a "playlist" with these illegal songs.

When an artist here in New York or elsewhere partners with a gallery, it is meant to mutually benefit both parties. The artist has a chance to showcase his or her work, and the gallery makes a commission on any sales of the work. There is a sense of trust between both parties that they will act in one another's best interest. Violating that trust isn't just morally wrong, it may be unlawful. An out-of-state artist recently filed a copyright infringement claim against a gallery owner, alleging that the owner copied her paintings.

According to the artist's civil claim, she and the gallery owner partnered last year to showcase several of the artist's paintings at the gallery. The artist took several paintings to the gallery where they stayed for about a week. The artist claims the gallery owner asked her to come pick up the work, which she did. The artist then took the paintings to another showing because she said she was not under contract with the gallery owner.