Managing the Artist after his death.

I want to learn all aspects of the entertainment business especially about recording contracts and royalties. I need these to be explained to me, I am deathly afraid of being locked up in prison for any infringement of intellectual property rights; ignorance of the law is no excuse.

My greatest concern, however, has always been, “Who protects the artist’s musical legacy after he/she dies? Does artist management also mean ‘life after death’ management?  How effective are intellectual property rights after the death of the artist?”

Recently, Robin Thicke

filed a pre-emptive lawsuit against the family of the late Marvin Gaye to prevent them from suing him. He wanted to make it clear that there were no similarities between his hit song ‘Blurred Lines’ and Marvin Gaye’s classic ‘Got to give it up’.  Billboard also reported that the Gaye family turned down a six-figure settlement from Thicke. The Gaye family is now counter-suing Thicke for committing copyright infringement of the Marvin Gaye’s classic. (Where’s the beef? Marvin Gaye’s Family Responds To Robin Thicke’s Pre-Emptive Lawsuit And Then Some)http://www.stereogum.com/1547892/marvin-gayes-family-responds-to-robin-thickes-pre-emptive-lawsuit-and-then-some/fra.

What is even more interesting is that the Gaye family is also suing EMI (Owned by Sony/ATV Music Publishing), Thicke’s record label for the rights to administer the song catalogue of Marvin Gaye. According to the counterclaims, Frankie Gaye and  Nona Gaye have also accused EMI of breaching a contract by failing to protect Gaye's material.

"This conflict has resulted in EMI's intentional decision to align themselves with the [Blurred Lines] writers, without regard to the harm inflicted upon the rights and interests of the Gaye family, and the legacy of Marvin Gaye," the lawsuit states. (Robert Thicke accused of blurring copyright lines by Marvin Gaye’s family) http://www.theguardian.com/music/music/2013/oct31/robin-thicke-copyright-marvin-gaye-family-blurred-lines.

In hindsight, the Gaye family should have seen this coming and make every effort to protect their family’s legacy. Thankfully, this lawsuit may prove to be an eye-opener to the families of artists (alive or dead) across the world. In this age of technology and the freedom of the Internet, it is so easy to blur the musical lines. A young and upcoming recording artist may have heard of Marvin Gaye, but has never taken the time to research and know the extent of his music. It is the responsibility of his/her manager to make certain that no copyright has been infringed upon. Robin Thicke’s management team, as well as his record label, is at fault for what has happened.

As an Artist Manager, I am hoping that I will be able to convince my artist as to the importance of having a last will and testament in place. A will that states exactly what you want to happen, to not only your estate, but also what should happen to your musical legacy. Many Jamaican artists do not like to make a will especially those who are of the Rastafarian faith because they do not believe in death. I will pinpoint to my musical charge(s) what happened to Bob Marley’s estate when he died without leaving a will. The legal wrangling and family squabbles over his estate and music is just as legendary as his album, Legend. (Administrating the Bob Marley Estate: Are the Marleys Waiting In Vain? http://www.legalzoom.com/legal-headlines/celebrity-lawsuits/administrating-bob-marley-estate ‎

Another Jamaican international artist of the Rastafarian faith who did not leave a will is Peter Tosh. His estate has recently won a long battle in the control of his musical legacy. (Branding the Firebrand: How Peter Tosh’s Estate Is Revitalizing An Iconic Reggae Artist’s Legacy – Patricia Maschino). http://www.billboard.com/biz/articles/news/1484029/branding-the-firebrand-how-peter-toshs-estate-is-revitalizing-an-iconichttp://www.billboard.com/biz/articles/news/1484029/branding-the-firebrand-how-peter-toshs-estate-is-revitalizing-an-iconic

The artist manager should have a say in what becomes of the music after the death of the artist, working in tandem with the artist’s family members and the record label to ensure that his/her musical legacy is kept intact. Which is more important, collecting royalties or maintaining the musical legacy left behind for generations to come?

I continue to learn about royalties and recording contracts from the following articles.

How Music Royalties Work by Lee Ann Obringer. http://www.howstuffworks.com/music-royalties6.htm

Recording Contracts Explained by Richard Salmon.

http://www.soundonsound.com/sos/apr07/articles/contracts.htm.