Copyright case with a difference
Music Industry News - as it happens
Source: MusicDish/Mi2N - April 7, 2002
Lately, when you see a headline with the phrase 'copyright infringement',
you're pretty safe in assuming that it has something to do with online piracy and
CD's. However, a suit involving music industry print and video publisher
ArtistPro and, IndieBiz.com, MusicBizBooks.com and Kathode Ray Music, has a
ArtistPro claims to have discovered in January 2002
that the legal library contents of The Complete Music Business Office's
CD-ROM had been repackaged and sold as an e-book titled KR Music Business
Contract Library on Hooper's MusicBizBooks.com website after purchasing the
title from the site.
ArtistPro Publisher and President Mike Lawson alleges Hooper, owner and
operator of IndieBiz, MusicBizBooks and Kathode Ray Music, "illegally
copied, re-packaged, claimed a new copyright to and distributed a music
business contract library as his own original work that was originally
published and copyrighted by ArtistPro in book and software form as The
Complete Music Business Office."
But, says Hooper, "I was not aware that The Complete Music Business Office
existed before Mike Lawson contacted me."
ArtistPro also says other violations of the work's "hundreds of pages of
copyrighted materials" came to light on IndieBiz.com, "after the book's
author Greg Forest purchased a one-month subscription to the site, then
reviewed and printed each page containing the allegedly infringed
Moreover, says ArtistPro on its web page, .".. ArtistPro alleges that Hooper
made each of the files in the contract library individually available for
paying subscribers to his other website, IndieBiz.com, and as of April 2,
2002 still used the same advertisement within the IndieBiz.com website
detailing the contract library access as a feature and benefit of joining
the subscription-based website."
Hooper, however, says, "The contracts contained in the KR Music Business
Contract Library have been around the Net as text files, posted on Web
sites, distributed via Usenet newsgroups, and available via transfer methods
such as Archie for years. They are still being distributed online.
"Contracts included in KR Music Business Contract Library that were not
gathered online were given to me while studying commercial music and
entertainment law at the University of Memphis, during the dozens of music
business conferences and CLE workshops I have attended, via work done with
booking agents, via publishing companies, and at various other times during
my music business career. At no time was notice of copyright ever contained
within the contracts that we used."
He says attorneys and others who draft contracts don't reinvent the wheel,
continuing, "In the music industry, as with every industry which uses
contracts, it is common industry practice to pick and borrow from previously
existing contracts. Contracts are simply 'boilerplate' documents made up of
clauses from other 'boilerplate' documents. American Heritage Dictionary
defines 'boilerplate' as 'Inconsequential, formulaic, or stereotypical
"We have done everything possible to resolve this issue," Hooper adds.
"Assuming there was copyright infringement going on, it is not happening
now. We even agreed to sign the agreement at
"Why are we being sued? Only ArtistPro knows."
Related News from Mi2N:
» ArtistPro.com V. Kathode Ray Music - KRM Response
» ArtistPro Alleges Copyright Infringement In Lawsuit Filed In US Federal Court Against David Hooper, IndieBiz.com And MusicBizBooks.com