For the half-year to 30 June 2014, the IPKat's regular team is supplemented by contributions from guest bloggers Alberto Bellan, Darren Meale and Nadia Zegze.

Two of our regular Kats are currently on blogging sabbaticals. They are David Brophy and Catherine Lee.

Sunday, 9 January 2005

IN GOD WE TRUST ... BUT THE COURTS AWARD HIGHER DAMAGES


This from Findlaw.com: a Baptist pastor in Maryland is suing a mortgage company he says willfully infringed the copyright of one of his songs by using it in radio ads. James N. Flowers Jr, pastor of Shining Star Baptist Church (Seat Pleasant, Md), says his family has a long history of performing gospel music. In 2003 Flowers wrote several songs and released a CD called "Just Inside the Gates". A year later, Flowers says, he learned that Maryland-based First Mortgage America was using a song from the CD, "Ride Out Your Storm" in its radio advertisements without his authorisation. Flowers says he obtained federal copyright protection for the song in August 2003. He has filed a complaint in the US District Court for the District of Maryland. He alleges that he asked First Mortgage to stop using the song, but the company refused, offering him just pennies as payment for its prior unlawful infringement, even while continuing to engage in what Flowers says is willful infringement. The suit seeks actual or statutory damages, as well as damages of $150,000 per infringing act.


The IPKat is concerned that, on calling his album "Just Inside the Gates", Pastor Flowers may face suit from Intel ("Inside" and Microsoft's Bill Gates) for commercially exploiting their combined reputation. Merpel wonders whether, if the Pastor believes that the love of money is the root of all evil, he might just settle for an injunction.

Money from judges here and here
Pennies from heaven here and here

1 comment:

Anonymous said...

I like your post. The fact is First Mortgage America had an awful attorney. James Flowers never wrote "Ride Out Your Storm" Betty Jean Robinson "a TBN Singer" wrote, copyrighted and recorded "Ride Out Your Storm" in 1987. Since her releasing it "Ride Out Your Storm" has been song by many all over the country.
Copyright info: http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?Search_Arg=Ride+Out+Your+Storm&Search_Code=TALL&PID=kpAu3NzqOdFxrKWQzRK-ZNCAe22k&SEQ=20100227115428&CNT=25&HIST=1.
Betty Jean Robinson's version: http://www.youtube.com/watch?v=JiCHIAkkoDU.
Anyone can register any title but material deposited is what count.
Rev. Flowers stole the song for himself and registered the title in 2003 but Betty Jean Robinson copyrighted the song in 1987. Smiles.

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