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In Reply to: RE: Such a high opinion of musicians you have, and their lawyers too! posted by PAR on December 23, 2014 at 09:20:42
You claimed that some artists were unaware.
To me, that means that if the artists had lawyers, they failed to alert their clients to the practical consequences of the documents they were signing. Such as, "all your bass are belong to us." I be so funny. I crack me up.
Or, perhaps your employers did not think it necessary to include disclaiming language in their contracts to the effect that, "the party of the second part has been advised and acknowledges that they have been advised that this contract creates certain rights and obligations and therefore they should retain competent experienced counsel... ."
In most court systems I know of, people can plead only to misdemeanors on their own behalf; they need a public defender for a felony.
Most family courts give (or should give) special scrutiny to settlements un-represented spouses.
To venture an opinion, any record label that signs artists who have no legal representation or ineffective counsel are simply inviting a defense that the alleged contract is an unenforceable "contract of adhesion" that at best has to be re-written by the Court, sitting in Equity.
Just my deux centimes.
Johannes Markus
Sigillum JD
Vanderbilt Law School
# # #
Follow Ups:
Yes. Also, I think many artists are keenly aware of what they are doing re the bootleggers. The Grateful Dead seem to have convinced a very large number of fans that each concert was a unique experience that had to be experienced live, even if this meant giving up one's job and outside life to follow them around, and only the exclusive society of "Dead Heads" who did so and exchanged bootleg tapes until they had heard absolutely every concert the band had ever played understood the first thing about the band.
Not long ago the New Yorker ran a lengthy article about them written by an obviously intelligent and articulate guy who nevertheless was clearly a Dead Head of long standing. At various points he describes the massive known bootleg, semi-bootleg and non-bootleg (yes, sometimes the band made its own tapes) underground tapeography of live Dead concerts (apparently more is always being unearthed) in great detail, and earnestly declares that it is not possible to understand their music unless one has thoroughly digested most of this material.
That is either great marketing or taking advantage of fans who can't see themselves in the mirror through their own pot smoke.
I merely pointed out that artists had claimed rights that they did not own. It may well be that their legal advisor's explained the situation to them. However that does not imply that they took note or understood.
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