Tuesday, June 26, 2012

Black Keys, Home Depot, Pizza Hut Fight Over Infringement Case

Unfortunately, many underestimate the importance of proper copyright registration and the damaging power that copyright infringement has on a company’s reputation. In a recent litigation reported by Billboard, Pizza Hut and Home Depot infringed on songs written and performed by the well-known band called the “Black Keys”

The band filled a federal lawsuit claiming that both Pizza Hut and Home Depot did not have the proper permissions or licenses to use their songs in commercial ads promoting their products.
The song used by Pizza Hut is called “Gold On The Ceiling” and Home Depot used “Lonely Boy”, both songs belonging to the hit album called “El Camino” which sold over 840,000 albums during last year’s release.

Spokesmen for both Pizza Hut and Home Depot claim they yet have to receive the claims, however, both companies respect intellectual property rights and take this matter seriously. The Black Keys are suing each company for copyright infringement and are suing for statutory damages that may equal up to $75,000 in damages for each company. In addition, the band is asking the court to order both company’s to immediately stop the use of these songs in their promotional ads.

This proves the importance of music publishers and our role in the music industry. Part of our responsibility for our clients is to ensure all parties requesting usage of our songs have the proper licenses and additional authorizations to do so. If not, it is our duty to ensure that those infringers are brought to justice for their inconsiderable acts.

Considering the approach both companies have made, I do feel that this infringement was not intentional, especially for Pizza Hut since they outsource their marketing efforts to The Martin Agency and The Interpublic Group Of Companies. It is unclear if Home Depot outsources their marketing, however, their concern and consideration for this matter has been acknowledge with a quick response.

To see Pizza Hut's promo video click below:
http://www.youtube.com/watch?v=T6T7M1w88FU

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