Sep 3, 2020
Casey is an entertainment and
digital media law attorney who helps influencers and creative
entrepreneurs who struggle with navigating the legal side of their
businesses and brands, specifically as it relates to contracts. She
prides herself on helping creatives negotiate fair deals with
Fortune 500 companies and leading entertainment brands, all while
helping them build legally sound businesses that are built for
generational wealth and impact. Here on the podcast, she normally
does that through sharing the stories of successful entrepreneurs
and influencers to help you learn from their mistakes. But
occasionally, like today, switches things up and highlights popular
4 Key Takeaways
- Always get in writing all of
the co-owners of a copyright at the time of creation, so there
aren’t any questions of ownership down the road. And if you use any
portions of a previous work later, get permission. In the music
industry, this is typically called “split sheets” and clearance.
Without that clearance, you can’t get rights in the derivative
- There are specific rights that
are protected when a copyright is secured for your work. *If you
think someone may be infringing, say something right
- Understanding these rights will
help you to protect yourself and stay confident about how you and
others can use your work.
- Make sure to protect yourself
with a copyright in the very beginning so that you don’t run into
legal issues, or have to scramble to protect your property in the
Background of the lawsuit against Lizzo for Truth hurts
- Brothers Justin and Jeremiah Raisen claimed
they created Truth Hurts as a derivative work based on a song
called Healthy that they created with Lizzo in 2017, two years
before she broke out.
claimed that the line “I just did a DNA test turns out I’m a
hundred percent that bitch” was the only item to come out of the
session with the brothers. She added that the line was inspired by
a tweet that another songwriter, Jesse Saint John Geller, brought
to the group’s attention. Geller is not part of the
Overview of Copyright Ownership Law & Derivative
are the 6 exclusive copyright rights?
- The right to reproduce
and make copies of an original work; The right to prepare
derivative works based on the original work; The right to
distribute copies to the public by sale or another form of
transfer, such as rental or lending; The right to publicly perform
the work; The right to publicly display the work, and The right to
perform sound recordings publicly through digital audio
is a derivative work?
- A derivative work is a
work based on or derived from one or more already existing
- To be
copyrightable, a derivative work must incorporate some or all of a
preexisting “work” and add new original copyrightable authorship to
that work. The derivative work right is often referred to as the
[9:30] – How
does the law apply to Lizzo’s case?
brothers are claiming that Truth Hurts is a derivative of a song
that they own the copyright to.
[10:20] – Key
everything in writing from the start.
- Collaboration Agreements are a MUST
Resources Mentioned During This Episode
Call Her Daddy Podcast
Episode about IP and