Dan Rozansky, ranked among Forbes' top 200 lawyers in the United States, was recently published in Forbes. His article, “Earth, Wind & Firing Off: A Cautionary Tale Of Trademark Infringement In The Music Industry,” delves into the intricacies of intellectual property law in the music industry after the iconic band Earth, Wind & Fire made headlines for filing a lawsuit against a tribute band marketing itself as an EWF “reunion” band. Dan explains the gray area that cover and tribute bands can fall into when capitalizing on a band’s or musician’s name, image, and likeness.
In the music industry, securing licensing for performances typically falls on the venue rather than the individual – whether that be a local bar, an arena, or a stadium. “However, laws relating to tribute bands are not black and white, as these acts tend to heavily draw upon the brand’s name, image, and likeness in addition to song covers,” Dan writes. While their intentions may be good, tribute acts can easily mislead fans and devalue a band by stealing potential profits.”
After a federal judge ruled in favor of Earth, Wind & Fire last month, Dan cautions readers that “to avoid legal claims, when a tribute band promotes itself, it must clearly distinguish itself from the original band and think whether someone reading the ad would believe that the tribute band is somehow associated with the original band.”
August 30, 2021
Heather Antoine and Dan Rozansky Honored as 2021 “Visionaries” by L.A. Times B2B Publishing Business of Law Magazine
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