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“Ellen DeGeneres Show” Sued By Record Labels Over Copyrights

9/11/09, 1:53 pm EST

Photo: Miller/Getty

A handful of the biggest record labels welcomed new American Idol judge Ellen DeGeneres into the music biz with an unpleasant gift: They sued her daytime talkie The Ellen DeGeneres Show over copyrights. According to Billboard.biz, the labels allege that Ellen’s show has broadcast over 1,000 songs during the “dance over” segment of the show — when Ellen dances through the audience while moving from stage to stage — without ever paying for the licenses.

Per papers filed at a U.S. District Court in Nashville on September 9th, when the labels asked the Ellen show producers how come they never sought to acquire permission to use the songs, the defendants replied that they didn’t “roll that way.” Michael Jackson’s “Thriller” and the Beach Boys’ “Good Vibrations” are just two of the literally hundreds of songs the show used without permission, Billboard.biz reports, so the show might owe quite a bit of money, though terms of the lawsuit weren’t revealed. A rep for the Ellen DeGeneres Show said they hoped to reach “amicable and reasonable terms” with the record labels.

Ironically, one of the companies suing the Ellen DeGeneres Show is Sony Music Group, home to both RCA and Jive Records — where Idols usually land if they’re successful on the show. Still, it seems that it was just coincidence that the lawsuit was filed the same day DeGeneres was named the new judge on American Idol, as the record companies and the Ellen show were reportedly working on resolving the issue.

Related Stories:

Ellen DeGeneres Named New “American Idol” Judge
Paula Abdul and “American Idol” Insiders React to Ellen News


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Comments

miley who? | 9/11/2009, 2:04 pm EST

so once again the recording industry must sue someone just to make profits? you gotta love capitalism.how about not rereleasing the same music over and over again.

Neo | 9/11/2009, 2:11 pm EST

Want to bet it’s nothing close to what that woman was fined for downloading songs from the internet. She should of used the “I don’t Roll That Way ” defense.

planet automatic | 9/11/2009, 2:20 pm EST

The RIAA would if they had their way ,make us all be deaf and pay for anything that crosses our eardrums. Their slogan should be -Protectors of Greed. Sheesh !

mark | 9/11/2009, 2:26 pm EST

Should have used not should of used

SoCalGal | 9/11/2009, 2:28 pm EST

If you were an artist and someone used your songs to provide entertainment on their show, you’d sue, too. Why should an artist labor for a lifetime–as Michael Jackson did–only to have Ellen DeGeneres use his and others’ songs for their own profitable show? Think about it. It has to do with compensating an artist for their work. When Ellen DeGeneres played Michael Jackson’s and the Beach Boys’ music, she STOLE royalty money from them.

aqng | 9/11/2009, 2:30 pm EST

Just another reason I refuse to do business with these greedy monsters. Hey, you’re only harming yourself…

Lee | 9/11/2009, 2:31 pm EST

GREED. It’s why the music INDUSTRY sucks.

Sean | 9/11/2009, 2:32 pm EST

So we can’t just enjoy music for 40 seconds while a host opens a show? How many of those songs have sold MP3 because someone heard them on Ellen? This is like when First Nations people talk about the folly of corporations thinking they “own” the land.

Bowman | 9/11/2009, 2:33 pm EST

TV shows can play any song ONE TIME without a license. This has upset many musicians who didn’t want to be associated with a certain show, but it’s not illegal.

JustWow | 9/11/2009, 2:34 pm EST

The record industry benefited from Ellen, because people bought albums that they enjoyed hearing. She should be charging the record companies for the profits that she “rolled” their way.

bo donaldson and the haywoods | 9/11/2009, 2:34 pm EST

Hey man, we don’t roll like that either.
But Little Willie do!

kP | 9/11/2009, 2:35 pm EST

Free advertising of the songs – they should be paying her for the exposure.

artist | 9/11/2009, 2:35 pm EST

but it’s not the artists who are suing. It’s the rights-holders at the record companies…

J.C. | 9/11/2009, 2:37 pm EST

The lawsuit was ongoing, before she was chosen for Idol. Your opening makes it sound like the reverse.

Subroutine | 9/11/2009, 2:39 pm EST

I notice that these greedy pinheads wait until they’ve received years of free advertising for the tunes before filing an action. Tell ‘em to go suck wind.

Anonymous | 9/11/2009, 2:40 pm EST

Its the law, agree to disagree but its the law people. “That’s how the record labels ROLL” copyright laws…baby!

J.C. | 9/11/2009, 2:40 pm EST

If another show used Ellen DeGeneres’s voice in their commercials or otherwise, her company would sue.

Chrissy Snow | 9/11/2009, 2:40 pm EST

Ellene Degenerent should not be on American idol. She needs to get in the boxing ring with Sarah Barracuda Palin!

HAPPYFEET | 9/11/2009, 2:41 pm EST

I learned of LIMEWIRE when I first read of these lawsuits, which made me want to try them out, and to this day I havent needed to buy one single song. Thank you record labels for making it easier for me to get my music, you have been a big help.

Adam | 9/11/2009, 2:41 pm EST

The music industry is immune really.. that’s why they sue everyone…. they know that consumers support the artists and give little thought to the label behind them. Someday people will become aware and stop supporting the artists with bad labels, or they will take over the world, whichever comes first.

whatever | 9/11/2009, 2:45 pm EST

I am sure that hearing it on the Ellen show prompted some to buy it for their Ipods. I mean come on she doesn’t even play the whole thing!

I agree that the record labels are getting a bit greedy here!

Capt. Anonymous | 9/11/2009, 2:45 pm EST

And THAT is why I hope people will always pirate music from those idiots. Support your favorite musicians by seeing them in concert. Eff the record companies.

really | 9/11/2009, 2:47 pm EST

I think they have no right to sue if they sat on the sidelines and said nothing for 1000 infringements, then complained. Their silence constitutes permission.

Philbwer | 9/11/2009, 2:48 pm EST

Give me a break. I have bought several CDs because of the songs I have heard on Ellen’s show. And they want to sue her? Forget that – forget them! They have seen the last of my money. There are plenty of ways to get the same music without paying. They should thank her for the free advertising!!!!

musicfan | 9/11/2009, 2:48 pm EST

Dear record companies: Great PR move! Your attorneys are so clever thinking up crap like this to further alienate your industry. Most people would agree a small snippit of song is fair use.

lawboy | 9/11/2009, 2:51 pm EST

You would have to be an absolute idiot to hold a job as a producer of a television program and not realize that you can’t play copyrighted music without obtaining a license! (And paying a royalty)

Radio stations can play an artists music because there is a compulsary licensing system in place and they pay a set amount of money each time they play the song. (BTW, it’s the songwriter who gets that money, not the performing artists, unless of course they are one and the same.)

But no such system exists for the broadcasting of music over television or in movies and those users are required to get a “synchronization” license in order to use the music.

I don’t have any idea how anyone associated with the management team from Ellen could think that the law simply didn’t apply to them, that they could basically steal someone else’s property and get away with it. In fact, the conduct on their part is pretty damned egregious and they better hope that no one pushes for including the statutorally available damages available for “willful” infringement of Copyright.

“We don’t roll that way”? What the hell, that’s basically an admission and can be translated as: “We don’t follow the law.” Gross stupidity on someone’s part.

Helen Degenerate | 9/11/2009, 2:52 pm EST

F@ck the RIAA. Sue happy b@stards.

Ted | 9/11/2009, 2:53 pm EST

Why is it okay for AM radio talk shows to use “bumper music” for absolutely free, but not TV talk shows?

luvwknd | 9/11/2009, 2:54 pm EST

RIAA/MPAA is garbage! I don’t download free musix anymore, I share it a different way! I make hundreds of copies of my CD/DVD’s and then distribute them around college campus’s by simply laying them on newspaper machines, by the phones, in the campus arcades and food areas and guess what, they are always gone when I return in an hour or so to check! Now I actually get students asking for copies of this or copies of that so I oblige and burn one for them!
Try and bust me for sharing this way you stupid RIAA/MPAA!

Ellen’s done nothing wrong, but unfortunately I think he show is going to have to pay these crooks to get them to leave her alone!

lawboy | 9/11/2009, 2:55 pm EST

Musicfan said: “Most people would agree a small snippit of song is fair use.”

Sorry, maybe most people ignorant of the actual law may think it’s fair use.

But to use someone else’s copyrighted music as an exit theme for a tv show would not from a legal standpoint constitute “fair use.”

jay | 9/11/2009, 2:55 pm EST

copyright is copyright. They probably had no idea what songs she was using in the show and when they found out they went through tons of shows to find every show to make their lawsuit bigger. I do hope they go after the people who are illegally downloading tunes and sue the crap out of them. Would you walk into a store and steal something? Many of you making the arguement against the record copies sueing wouldn’t be think downloading illegally songs, movies and tv shows is okay.

Big Business | 9/11/2009, 2:56 pm EST

It’s just a business decision.

lawboy | 9/11/2009, 2:57 pm EST

Ted,

Most shows either negotiate a license to use the music or it’s covered under the compulsory licensing agreements unique to radio. I wouldn’t assume that they are using the material for free, in fact I would presume exactly the opposite.

azureblue | 9/11/2009, 2:58 pm EST

And the musicians who played and sang on the tracks, and the songwriters who wrote the songs, will be lucky to get a single penny. ASCAP and the lawyers will steal it all form the artists.

Ellen should respond by paying the artists directly.

Edna St. P. | 9/11/2009, 2:59 pm EST

While it’s fine to question whether copyright laws make sense (”they should pay HER for the exposure”), the bottom line is that “Ellen” is breaking the law and should pay – just like every other TV show, movie, etc. does – for the right to use someone else’s work. If you were making a movie and you used a clip from Ellen’s show without permission you can be sure that Warner Brothers/Telepictures would have you in court faster than you could say Portia DiRossi.

minority report | 9/11/2009, 3:00 pm EST

Would these record labels prefer that Ellen not play any of their music on her show? For Goodness sake, it’s FREE advertising for the artist and label whenever it gets this free air time! Whatever happened to teh “fair use” policy that allowed you to play small clips of copyrighted material?

Seems the labels only want to squeeze every penny from every possible revenue source they can find becaue the recording industry is hurting. Targeting a popular TV host is a mistake and could backfire. It’s certainly not a great PR move for these labels or the recording industry.

Degenerate Reasoning | 9/11/2009, 3:01 pm EST

She stole, she should pay. Plain and simple.

Does American Express get to use her picture on their ads for free??

mooney | 9/11/2009, 3:05 pm EST

If they record company owns the right to the music, they have every reason to sue if it’s used without permission. It may be a matter of money, or it may be whether they want the music used in that way. If certain music is used improperly, like in a Circuit City ad, it can undermine the image of that music. This may seem silly to some, but those who own the rights to the music are the ones who get to decided what is done with it. Sure, perhaps the exposure of the Ellen show caused additional record sales, but that doesn’t mean that they don’t need to seek permission to use it. The record companies who own the rights are really the only ones who get to make that determination of whether they should charge for it, not the Ellen show and not some boneheads on the internet.

And don’t sell the record companies short. In some cases, people listen to the artists they like. However, most of the music business is the record companies packaging mediocore artists and marketing the hell out of them, in which case it is the record company who is making them successful, not the artist. There are a million broke but talented musicians out there, and they will never achieve the absurd and underserved amount of success that you see from a Britney Spears, because you need the record company’s PR to brainwash the public to accomplish that.

Bored | 9/11/2009, 3:09 pm EST

Hey record companies: how about just focusing on releasing music anyone in their right mind would actually pay to listen to?

lawboy | 9/11/2009, 3:10 pm EST

Minority Report,

I believe you have a fundamental misunderstanding of “fair use” and it applies/doesn’t apply to this case.

Ellen is using hit (famous) songs on her show, to boost her own appeal, not to give someone else the financial benefit of doing so. She isn’t doing this out of the goodness of her heart, she’s doing it because she derives a financial benefit from it.

Secondly, “Fair Use” exceptions have to follow fairly strict and stringent guidelines in order to qualify as fair use. Use of recognizable songs, for commercial purposes, does not fit within the exceptions.

Again, this anything any competent Copyright Attorney should know and I can’t believe that the producers of her show haven’t been warned about their behavior.

As someone else mentioned, take a minute or so of Ellen’s show and throw it into a movie and I can guarantee you that there will be questions raised by the owners of her show about the illegal usage of her copyrighted material. You can’t just simply take someone else’s music and use it on your TV show, because you don’t want to bother negotiating a synch license or paying a royalty. This is Copyright law 101.

finexec | 9/11/2009, 3:12 pm EST

It’s the case of implied licensing vs. master use agreements for song rights. Labels never cared about implied licensing until records sales dropped and profit margins are increased through live shows and licensing.

James | 9/11/2009, 3:12 pm EST

Welcome, welcome, welcome!

Wha Wha What? | 9/11/2009, 3:14 pm EST

The show gets at least 100 viewers a day (tongue in cheek). If 5% of those viewers went out and bought the music they heard, that would be 5 more albums than the industry sold yesterday.

Don’t they realize that she’s selling music for them? People who watch that show are going out and finding what she listens to, or they’re remembering a song.

Oh to be a dry puss record exec. Lifeless as a fish, and marketing schemes that smell as good.

sadiebaby | 9/11/2009, 3:15 pm EST

People tune into “Ellen” because of Ellen, not because of a 40 second sound bite. The dancing thing is a fun part of her show, but her show would still be fun without it because of her. At the very least it’s mutual enrichment and a wash.

Guy | 9/11/2009, 3:17 pm EST

They are suing the show, not Ellen herself. If you think Ellen DeGeneres has any idea about whether licenses have or have not been secured for music on her show, you have no idea how TV show production works.

The producers should have just paid up and blamed an intern. The music industry has a right to profit from its property.

lawboy | 9/11/2009, 3:18 pm EST

BTW,

For all of those on the “it’s free advertising/promotion” for the band/artist kick: Since when did Michael Jackson and the Beach Boys need Ellen to be successful?

Which one is the more likely scenario?

1. The producers of the Ellen show chose the music because it was already so famoust that her audience immediately related to it?

2. Those artists just never get any airplay and they need Ellen to help them sell their songs?

Look, it’s pretty obvious the music is being chosen because it’s already well known and liked/loved by Ellen’s audience. It’s not like they’re using some unknown music by some unknown artist to give them their big break. They’re making use of hit songs because it gives the show a commercial advantage.

You play, you pay – it’s really that simple.

Frank I | 9/11/2009, 3:19 pm EST

It would be interesting to see if i-Tunes sales go up when she plays a song.

Alan | 9/11/2009, 3:20 pm EST

It’s not against the law to play snippets of a song, nor is it against the law to adequately transform a piece of copyrighted material into a new piece.

Copyright holders DO NOT get 100% control over how their copyrighted works are used in public. They get LIMITED rights over SPECIFIC usage. The recording industry has lied to the American people for the past 40+ years, slowly getting people to forgot how they don’t actually have the power to do what they are doing …

But they’ve been lying for so long that people are now believing them.

Copyright is INTENDED to be a TEMPORARY and LIMITED control over artistic work from being considered public domain while the artist works on their next piece. Then, the old art should pass into the public domain, and the artist gains a temporary & limited control over the new work while continue work on the next piece.

Copyright was never intended to allow a company to charge for every use and prevent art from entering the public domain.

You’ve been lied to, and you bought it. Open your eyes to the truth and demand your rights as an American citizen to have access to American culture. Music is art, art is culture, culture should not be monetized but should be free for all to enjoy.

Remember: copyright is a contract between the artist and the American people that for a short time, their art is not considered public domain so that they can enjoy a temporary cushion while creating more art. And then the art work should enter the public domain for all the people to enjoy. Copyright is supposed to ENCOURAGE people to create more art … not allow a company to charge for that artwork over and over and over again.

Unitard | 9/11/2009, 3:21 pm EST

luvwknd – you are a retard and I don’t believe for a second that you copy hundreds of your CD/DVD’s to lay around campus. That is the dumbest thing I have ever heard.

tdub | 9/11/2009, 3:23 pm EST

While it was obviously foolish for her staff to blow off the licencing aspect, these greedy companies MUST realize their artists were receiveing a free plug of their music that folks might go out and buy later, having been reminded how much fun the songs were. But no, it’s all about the money. Scumbags.

Brad | 9/11/2009, 3:24 pm EST

I really can’t believe they think they have a case for suing the show…

insight | 9/11/2009, 3:30 pm EST

If anything she probably helps revive sales for some of the oldies that were forgotten. They should be thankful they’re still getting airtime and free advertisement.

realcrakehouseATL | 9/11/2009, 3:31 pm EST

I don’t like the way she dance.

Raw Deal | 9/11/2009, 3:33 pm EST

To all you folks who think it’s OK for writers/artists to get “free” advertising and not have Ellen pay royalties.

Let’s see you schlep your ass to work and not get paid to promote your skills.

Sure the system sucks but it is what we have in place.

Instead of stealing music online with peer to peer programs go to the freekin artist’s site and buy the album.

At least then we poor bastards in the industry can keep making music.

For people that want to use it in other media applications, pay the license or don’t use the music.

…end rant….. : )

alinwa | 9/11/2009, 3:37 pm EST

It’s not Ellen being sued, it’s her company. I agree that the record labels are just thieves by waiting until over “1000″ songs were played. Also, it’s not the artists suing… if it were I’m sure Lady Gaga, Pitbull, and other’s whose songs are frequently used on the show, would not grace Ellen with their presence performing or being interviewed on her show, which they do. TOO MANY MIDDLE-MEN!

Silly Show Staff | 9/11/2009, 3:40 pm EST

What were they thinking? Of course you can’t take 100’s of popular songs and use them to make your show better without a license. And to say ‘we don’t roll that way’ is just silly. It’s not like TV music licenses aren’t common or that EDS couldn’t afford it.

I like ED, but for the people claiming greedy labels (sure, they suck, but artists signed their souls over to them, so there you go) or don’t understand why you can’t play music on the air without a license, you have some reading up to do. It’s what I did before deciding to comment. Try starting at televisionmusic dot com.

Chinadoll | 9/11/2009, 3:41 pm EST

ONLY IN AMERICA.

troy | 9/11/2009, 3:42 pm EST

musicians should make money doing shows, not sitting on thier ass smoking dope and popping pills.

Anonymous | 9/11/2009, 3:43 pm EST

Who cares?

Tom | 9/11/2009, 3:47 pm EST

She should be sued by the RIAA for theft of copyrighted material just like the do for the small fish people who have 14 songs and get hit for 250,000 per song on a peer to peer network.

1000 songs times 250,000, 250 mil sounds about right. afterall it’s good for a housewife or college kid..

Andrea | 9/11/2009, 3:56 pm EST

Amen Tom!!

Tyler | 9/11/2009, 3:57 pm EST

Alan, you’re wrong about the purpose of copyrights. I agree with the sentiment, but the reason we have things like copyrights and trademarks and patents is to incentivize people to create, invent and, to a lesser extent, disseminate new ideas and products. This means that there is a clearly defined term of years where they retain intellectual control. Art, like all aspects of life, is a business, and artists like getting paid just like everyone else. Not that I’m defending record companies or claiming I don’t illegally download. I just call it what it actually is, stealing from what I see as borderline abusers of an imperfect system. Artists deserve to get paid, but no one in an artistic industry who doesn’t create art deserves to make more than the artist (Or even that much, really).

Sean | 9/11/2009, 3:58 pm EST

Its a DJ playing the music.
You might as well sue every DJ in America and every other country in the world for playing music tracks in public.
Sounds like the music industry is suffering and trying to make a fast buck.
And people in the industry wonder why most artist are becoming independent and starting there own labels and distributing there work themselves.
They should leave it alone.ED has been doing this awhile,why wait till now to sue a celebrated,award winning personality?
She could have been warned when she first started.
Sounds kind of lame.
This is the reason I dont listen to mainstream music run by corporate entities it all sucks.
Maybe she should have her brothers band from Nawlins ‘THE COLD’perform on her show.Im from nawlins and I have seen them plenty of times before there GREAT.

Serves her right.. | 9/11/2009, 3:59 pm EST

Good to see a flaming liberal who thinks they are above the law and the rest of society, getting jabbed in the pocket book. Hope she loses big.

blaahhh | 9/11/2009, 4:00 pm EST

Dude, she’s just dancing to the tracks, not re-selling them as her own. These record companies are ridiculous

Anonymous | 9/11/2009, 4:00 pm EST

Only in sue happy America can this happen, big deal playing music on tv their having fun. AMERICAN GREED is all it is.

amazed | 9/11/2009, 4:01 pm EST

to those of you who think its O.K. to use music without licensing it – how would you like it if someone told you you had to work for free. If your boss said “we wont pay you but we’ll be using your work to make money for ourselves” . Will free advertising pay your bills or put food on the table? Do you think anybody would be willing to pay your for your work ever again if you were willing to do it for free?

Tyler | 9/11/2009, 4:01 pm EST

Also, there’s a reason no one gets actually gets hit with the $250,000 per year penalty. It exists to scare you, but it would be a clear injustice, entirely disproportional to the harm caused. No self respecting court would uphold such a judgment and the industry recognizes that, so they always make sure to settle or sue for less, to avoid getting their utterly ridiculous penalty from being overturned.

DoktorSick | 9/11/2009, 4:02 pm EST

They should be giving her money!!
All that free advertistment of there songs.who knows how many poeple hard the song on the show and went out and bought and cd or an mp3 of the artist.This ridiculous.This is what happens when music gets out of the hands of the artist and into the corperate tyrannsaurus.

pandathailand | 9/11/2009, 4:03 pm EST

elen should not sit next to the other lady on american idol n she can’t be judge cz i know she think to get that girl if she sit next to her talk to her hug she don’t have to go idol but if she did put her to the left of simon so that he can alway keep an eye on her

note to sony mgrs | 9/11/2009, 4:04 pm EST

What a way to be disorganized Sony. Your All Hands meetings failed to mention to the corporate lawyers department that the hiring department recruited Ellen?? “Good job”.

CLM | 9/11/2009, 4:07 pm EST

It’s a sign of the economy. It will keep the lawyers in the black until there’s a settlement. It’s crap and who cares? At no less than 200 an hour and more like 300 to 400 per hour, it’s the lottery for lawyers that’s the only people that profit. I can see giving a royalty to the authors and writers and the like for the creation, but this stuff is way out of hand. We should get to the point that like anything else, once it’s in the public domain leave it alone. It’s the ASCAP the BMI and all the licensing agencies staying rich doing nothing but monitoring and they are making a fortune doing it. Ridiculous anymore much like insurance defense. Little work for a lot of money.

Rich S | 9/11/2009, 4:07 pm EST

The only industry in the world that sues its own customers, fans, and people who give it FREE publicity, etc. Where else can you hear the stuff? Its not on the radio unless its hip hop or rap.
Its amazing. No wonder the record business is in the toilet. Greed and stupidity are all thats left. How could something that was so cool, be so dead! – a former record business entrepreneur.

Ellen steps on others again. | 9/11/2009, 4:07 pm EST

Ellen, a writer herself, screwed over her show’s writers during the writers strike by crossing the picket line,and working. Is it really that big a surprise that her staff feels they’re above the laws regarding other art forms? Meanwhile you try stepping on one of Ellen’s rights and see how vocal she is. Shame on the show and its producers.

dave | 9/11/2009, 4:08 pm EST

Can’t we keep Ellen off prime time? Let her stay on day time where she belongs.

The lawsuit news is great! LOL!

Fyuk Yiu | 9/11/2009, 4:10 pm EST

This is the new judge? The Woman who rips off Music? I can’t wait ’till Simon snaps on her and calls her out for what she is. She does’nt speak for me when it comes to music.
I would like a judge who actually knows what their talking about when it comes to music.

Fishy | 9/11/2009, 4:13 pm EST

I can’t believe some people here defend the notion artists deserve to be paid for their work yet admit to downloading songs illegally.

SV | 9/11/2009, 4:14 pm EST

Alan – you are a complete idiot who knows nothing about copyright law. “Music is art, art is culture, culture should not be monetized but should be free for all to enjoy” – are you out of your mind? TV and computers are completely ingrained in our culture – so is it okay if i hop down to my local best buy and help myself to a couple? Ellen’s show has the means to pay for the songs that she is using TO MAKE MONEY!!! if someone uses your product TO MAKE MONEY and doesn’t pay you for it – they are the greedy ones and they are the thieves! Ellen is stealing from musicians. If those songs don’t ad value to her show, then I’m sure she won’t mind doing her dancing segment to some songs she wrote, or some that are public domain like, Happy Birthday or When the Saints Go Marching In. It’s ridiculous to assume that anyone would make music or art or anything if someone can just come along and steal it after it becomes part of the popular culture. Get a clue.

Lifeisgood | 9/11/2009, 4:18 pm EST

WOW! You bitter people should get a life! You sad sacks of negative energy! Why are you on the planet? Show yourself to the door please.

Marjo | 9/11/2009, 4:20 pm EST

Is it stealing music, or is it free advertising?

You say tomatoes, I say tomahtoes …

Daniel Malloy | 9/11/2009, 4:20 pm EST

ROLLING STONE

How far you have fallen

Anon | 9/11/2009, 4:22 pm EST

After reading these comments, i’ve determined that most of the public:

1. Does not understand copyright law
2. Is ignorant

I’m not going to waste any more time on this, reading your comments was enough.

winners and losers | 9/11/2009, 4:22 pm EST

The sad thing is that the real winners of this lawsuit will be the record labels — not the artists and not Ellen and her crew. The labels benefitted from the sales generated their music was played on the show; they’ll benefit from the settlement between them and the EdGen show. Will the artists see a single penny? Not a cent.

PHIL ROLEN | 9/11/2009, 4:23 pm EST

RECORD COMPANIES DON’T DESERVE 1 PENNY! SCREW THEM! DOWNLOAD FREE MUSIC AND SCREW THE RECORD COMPANIES WHO RAPE YOUR WALLETS!

PHIL ROLEN | 9/11/2009, 4:24 pm EST

I LOVE ELLEN! I NEED MORE ELLEN! ELLEN 24/7!

NOW AMERICAN IDOL CAN ACTUALLY BECOME A “GOOD” SHOW@!

Coincidence-schmoincidence | 9/11/2009, 4:24 pm EST

I wonder how much money Sony has made because Ellen played a segment of a song on her show, which people then went and bought…

What about all the music played in clubs or at weddings. Have those people acquired permission?

Keep dancing Ellen!

Mozote | 9/11/2009, 4:24 pm EST

When I had a restaurant, I got sued by the ASCAP because I refused to pay royalties for playing background music. So, I think it’s only fair that this lady get dues for doing the same.

RonJ | 9/11/2009, 4:27 pm EST

Come on, people! This is free advertising for the musicians played on her show. There are quite a few people who wouldn’t typically hear new music, especially people who are watching daytime television, who will now be exposed to these people’s music. Where’s the harm in that? She’s generating sales for these companies!

NYJ | 9/11/2009, 4:31 pm EST

The ignorant bigotry evident in some of these comments is disgusting. How are you morons connecting to the web from the 1950’s?

Sux | 9/11/2009, 4:33 pm EST

Ellen sucks. Plain and simple.

Anonymous | 9/11/2009, 4:35 pm EST

Alan – you dont understand copyright – the only limits would be the ones the copyright holder agrees to

Jim | 9/11/2009, 4:35 pm EST

Shallow millionaires suing shallow millionaires. Come on, let the no-talent persona Ellen, who has no talent other than playing herself in ‘life the movie’, steal all she wants cause she’s perky!

paul browning | 9/11/2009, 4:35 pm EST

Free Ellen!

McGarret | 9/11/2009, 4:40 pm EST

Freedom is not free. If you don’t want to pay, then dont listen and stop stealing it.

ANNON | 9/11/2009, 4:40 pm EST

Wow, do this many closed minded homophobic people read Rolling Stone?
I guess it’s not the progressive publication it used to be.

Royalties should always always always be paid when rebroadcast of material takes place.

McGarret | 9/11/2009, 4:41 pm EST

I guess Ellen would not mind if I used her name and photo to promote my business without paying her.

Anon | 9/11/2009, 4:42 pm EST

NYJ | 9/11/2009, 4:31 pm EST

The ignorant bigotry evident in some of these comments is disgusting. How are you morons connecting to the web from the 1950’s?

LOL my thoughts exactly!

Jen | 9/11/2009, 4:44 pm EST

I’m not disagreeing with the show needing to pay for licensing, but the record companies waited 7 seasons before deciding this was a problem? Really?

Bob C. | 9/11/2009, 4:46 pm EST

Once I buy a Cd I can play it anywhere I want to. The Label has already made the money from my purchase. What the hell, the labels are setting down rules so we feel like were BACK IN THE USSR. Now sue me for using that title.

Seconding an opinion.......... | 9/11/2009, 4:46 pm EST

Anon | 9/11/2009, 4:22 pm EST

After reading these comments, i’ve determined that most of the public:

1. Does not understand copyright law
2. Is ignorant

I’m not going to waste any more time on this, reading your comments was enough.

Anon | 9/11/2009, 4:48 pm EST

Ellen’s talk show has been on for how many years? The “dance over” segment has been a staple since day one, and the record companies are just NOW filing a lawsuit? Sounds fishy to me…

Lazy_P | 9/11/2009, 4:49 pm EST

Ellen did not use these without permission, I am sure it was the producer who is responsible for dotting the I’s and Crossing the T’s, clearly there was an error made by the show, but to say Ellen did this is deceptive, Ellen probably didn’t even know the royalties were not paid.

Inverse137 | 9/11/2009, 4:52 pm EST

Wow, I’m not a big fan of DeGeneres, but the recording industry is getting stranger buy the day!

So, what exactly are you paying for? You buy the CD, you’ve paid the recording industry. They want anymore money then they better have the artist go perform the song live.

I stopped buying records years ago because the RIA was getting so greedy.

Wow, that is all I can say…unbelievable!!

Inverse137 | 9/11/2009, 4:58 pm EST

Anon | 9/11/2009, 4:22 pm EST

After reading these comments, i’ve determined that most of the public:

1. Does not understand copyright law
2. Is ignorant

I’m not going to waste any more time on this, reading your comments was enough.

———-
Wow, thank you!!! I would hope I don’t “understand” copyright law! It is completely illogical! In fact, logic and copyright are 2 words that have no place in the same sentence.

I remember arguing with an attorney one time about copyrights. There is no logic..it is completely self serving.

The only point of a copyright is to rape those that don’t hold the copyright.

Copyrights on medicine,as an example, how can you charge maximum price for something that saves a life?

Copyright law needs to be erased and re-done from scratch.

So, yes, as you said, there is ignorance involved, but I would examine which of the two of us is the ignorant one.

them heavy people | 9/11/2009, 5:01 pm EST

This lawsuit would’ve made a lot more sense if they didn’t wait 7 years (the length of the show’s existence) before they decided she was breaking the law. And how ironic that they’re doing this right around the time she’s been announced as the new AI judge. As usual, this is solely in the interest of the greedy a-holes filing this lawsuit. The artists whose music was played won’t see a penny from the settlement. More reasons for people not buy albums so that the labels won’t be making money. I hope they fall apart and the record execs will be out of a job. Screw the RIAA.

Inverse137 | 9/11/2009, 5:01 pm EST

Anon | 9/11/2009, 4:22 pm EST

After reading these comments, i’ve determined that most of the public:

1. Does not understand copyright law
2. Is ignorant

I’m not going to waste any more time on this, reading your comments was enough.
———
Oh yeah…and technically there is still a copyright on the song “Happy Birthday.” You want to explain the logic in that one to me?

The more i re-read your idiotic post the more pissed I get that idiots like you are allowed to walk around unsupervised.

dude | 9/11/2009, 5:01 pm EST

“i buy the cd and i can play it anywhere i want” yeah, you can. but you’re not making money from RATINGS and ADVERTISING. The show is.

itain'teasy | 9/11/2009, 5:05 pm EST

There is something in tort law that says actions must be taken in a timely manner. Ellen’s show, being as it was, aired on a national TV network, it’s doubtful the record labels were unaware of her use of their titles for so many years. This alone makes their motives suspect, and should certainly minimize any possible damages.

For years the intellectual property community has bemoaned exaggerated losses from copying. From computer programs, record taping, selling used editions, and downloading to merely sharing, the industry asserts incredible but unsubstantiated losses. No hard documentation of real losses has ever been provided and little mention is made of the fact that most of what is copied would never been purchased anyway.

Unfortunately, from performers to executives, the industry is replete with mediocrity, and people trying to be something they’re not.

skylor | 9/11/2009, 5:05 pm EST

i don’t understand this. she runs a television show that plays the music and i guarantee sells records for the industry. she usually gives a copy of the record played to everyone in the audience… i’m sure those are paid for. so shouldn’t the labels be paying her for advertising value?

A-Lyric.com | 9/11/2009, 5:08 pm EST

“copyright is a contract between the artist and the American people that for a short time, their art is not considered public domain so that they can enjoy a temporary cushion while creating more art.”

Comedy central. How dare these uppity musicians demand to be paid standard rates that are laid down already. Didn’t we throw them a crust already? What more do they want?

Ellenator | 9/11/2009, 5:10 pm EST

She is finally getting what she deserves. She’s been using other people’s property to profit frim and that is illegal. I hope the record companies previal and put this entertainment poser out of business for good!

mikehill | 9/11/2009, 5:11 pm EST

The record companies are not making any money. CD sales are down. THis is their effort to bring in revenue for the company. I believe this is excessive. I am sure the show will hire some good lawyers to defend the show. I wonder if she will continue to play music as the lawsuit pursues. Then, again, I do not watch her show anyway.

RC | 9/11/2009, 5:18 pm EST

You’d think the lawyers on staff would have given their jobs the attention they were paid for, and caught this thing before. Still it’s a great show, great person, friendly and funny…Rock On!

jasdude | 9/11/2009, 5:20 pm EST

The big 4 record companies are dying. Their revenues and profits have plummeting the entire decade.

And frankly, the sooner they’re gone, the better. They serve no purpose to society whatsoever. Distribution and marketing is now a snap with the internet, indie labels are doing a great job, artists are going into self distribution or starting their own labels.

The big record companies have been screwing artists and consumers alike for years, and now, finally, they’re getting their comeuppance. Serves ‘em right.

This latest thing with Ellen is very typical. Ellen’s show is providing tons of free advertising and helping their revenue, using legally purchased CDs played by the DJs, and the big record companies want to hit a gift horse in the mouth.

Their stupidity, ignorance, greed, and audacity are all beyond description.

Big 4 record companies, the sooner you’re dead, the better.

Dave | 9/11/2009, 5:27 pm EST

This is absurd.

I’m no fan of this show, but being able to recover damages for playing music as old and ubiquitous as ‘Thriller’ in the background of a TV show segment serves no useful purpose to society. How much money has been made from this song already?? It should have been in the public domain a long time ago.

Robert | 9/11/2009, 5:30 pm EST

For Bob. C – Actually,if you look at audio and video lables when you purchase them it will specifically state that they cannot be used in a commercial manner. So in fact once you buy it you cannot use it in any manner. For NYJ & Anon – you are calling other bigots becasue they disagree with you, who is the bigot. For Alan & Bowman- you really need to look at the law before you make such statements as if they were factual. For Ted -it is not OK and radio stations do pay.

Dave | 9/11/2009, 5:33 pm EST

SoCalGal,

They stole royalties? How about making them prove damages, like everyone bringing legal action outside of copyright law needs to do. Oh yeah, the damages are statutory and set by the unconstitutional Copyright Royalty Board. Shows where Congress’ intentions lie.

Free Load | 9/11/2009, 5:35 pm EST

So musicians are supposed to be happy Ellen isn’t paying to use their music on her profitable talk show, while everyone else is paid handsomely, beginning with Ellen and her producers? Songwriters should be thrilled with the “free advertising?” Then maybe Ellen should also give free advertising to toothpaste and Geiko Insurance. What’s the difference? Is she greedy?

Ellen and her producers figured they could get away with not paying, so everyone is just embarrassed now that DeGeneres is the new judge of struggling singing talent on AI. (Is the lawsuit her only musical experience?) They could save money by using old recordings of Ellen telling jokes and not pay her at all. Think of all the free advertising she’d be getting.

LEONARD ROGERS | 9/11/2009, 5:40 pm EST

AS FAR AS SHE KNOWING MUSIC ( SHE HAS NO KNOWLEDGE ). WHO WANTS THIS PERSON E.D. TO GIVE HER A BIG HEAD WHEN SHE KNOWS ( NOTHING ) ABOUT THE RIGHT WAY TO LIVE (A NORMAL LIFE ).SHE SHOULD BE SUED FOR EVRYTHING SHE HAS – THEN SEE WHAT TUNE SHE SINGS..

Me | 9/11/2009, 5:42 pm EST

Serves her right. There are rules, yes – even for Ellen Almighty. Make em pay what is due.

karen | 9/11/2009, 5:44 pm EST

What’s up with getting Ellen? She has no musical background I say that they just ruined the show!!!!!

Ang | 9/11/2009, 5:44 pm EST

I personally have gone out to iTunes to purchase a song after hearing it on the Ellen Show. The show promotes the music it plays, giving props to the performers. I think this would be an easy settlement.

Dave | 9/11/2009, 5:44 pm EST

JasDude,

Right on the money.

The big four labels have been able to monopolize the market for decades – if they didn’t sign you, no access to Billboard charts, radio stations, TV promoting, etc. Things are changing with the internet, and changeing fast. Big 4, die, and die soon.

Me | 9/11/2009, 5:46 pm EST

I would LOVE to see how fast this two-timer would shell out a lawsuit if she found herself doing standup on someone else’s commercial without her permission…

JimJam | 9/11/2009, 5:46 pm EST

People, when you buy a CD you have actually bought two things:

1) The physical CD itself
2) A license to use in in a particular way.

You have the right to use the song for private use. You DO NOT have the right to play the song in a public venue without getting a blanket license from a songwriting society (ASCAP, BMI, etc.) And you DO NOT have the right to synchronize the song with video without a synch license or some other sort of blanket license (as in the case of the Ellen show).

Fair use exceptions exist, but keep in mind that there are no hard and fast rules for something to be determined fair use. Rather, fair use is an argument made and decided by a court. Nothing is ever automatically fair use.

curious | 9/11/2009, 5:47 pm EST

if someone came into your home every day & stole something from you and you didn’t report it to the police, is that the same as you giving permission to the thief? Does that mean that when the thief is caught, he does not need to pay you for what they took, just because you were not aware of the crime?

letthemusicplay | 9/11/2009, 5:50 pm EST

I agree witheveryone that says “screw tge Record Lables” How many shows are there playing song segments and no one is going after them. This is because Ellen is going to a real big show!!

letthemusicplay | 9/11/2009, 5:50 pm EST

I agree with everyone that says “screw tge Record Lables” How many shows are there playing song segments and no one is going after them. This is because Ellen is going to a real big show!!

Excuse me? | 9/11/2009, 5:53 pm EST

@ A-Lyric.com:

“copyright is a contract between the artist and the American people that for a SHORT TIME, their art is not considered public domain so that they can enjoy a temporary cushion while creating more art.”

The term for copyright has been inflated to an unbelievable 90 YEARS after the death of the author.

What about that seems short to you?

Copyright has been perverted for the benefit of the major content owners and this is just the latest miscarriage of justice in a long line of examples that goes back centuries.

The only reason this is even possible is because of the massive payouts to lawmakers by these crooks to keep themselves in business.

Dave | 9/11/2009, 5:56 pm EST

JimJam,

You’re right that the labels probably have a valid legal case. Most people are just pointing out that the law is corrupt and does not benefit society.

Curious,
The answer to your question depends on whether the amount of time passed any statute of limitations. I just watched a TV show where a jewel thief, who never did jail time, was freely talking about his heists because the statute of limitations had passed.

Erin | 9/11/2009, 5:58 pm EST

I think this is stunning. For a show to think they can use music without paying for it is absurd. Everyone in the business knows this, especially those who have been in it a long time like those at the Ellen show.

Some of the comments here are pretty stunning as well. “Snip it’s in the background” are paid for. Any time a song is used it’s paid for unless it’s for a “news program.” Ellen is not news, it’s a talk show that has been using music without paying for it.

For someone who loves music, I hope Ellen is embarrassed that her show has been ripping off these artists for such a long time.

I handle music clearance for my job and know what one can and cannot do. One cannot use music without paying for it – and that’s business. Yes, it’s exposure but there is no guarantee that having your song played will result in the same profits one would get from being paid for permission to use a track. They use master’s on her show which aren’t cheap – it would take 10,000+ people downloading the song at $.99 a piece to make it as profitable as simply being paid to use the song. Downloads then are icing on the cake, and if they don’t happen, then at least they’ve been paid.

Yes, the labels take a fair share, but the artists do get paid and for many, it’s their only source of income. It may not be as big a portion as the label is getting, but paying for use of one’s songs is how artists and songwriters make their money.

Robbstar | 9/11/2009, 6:02 pm EST

Yes sue her and please keep her off the Idal as a Judge. What do she know about talent? Why take away beauty and bring nasty. Like I said bad move.

Pirate | 9/11/2009, 6:02 pm EST

ARRRRRRRRRRRRGGGHHHH!

Frumious | 9/11/2009, 6:04 pm EST

I do think that the music and movie companies are way off base in their attacks on digital downloads- they’re just not “getting it” regarding new technology and what their CUSTOMERS want from them…

However, I do think that TV play should be paid for.

I’m a musician and a composer- I want people to download my music- it’s on MP3. Then, when and if they decide they like it, they can buy the higher quality recording that a CD provides. But if any of my music were to be used for commercial purposes (I could only wish, right?), I’d want to be compensated.

Lisa | 9/11/2009, 6:07 pm EST

I have bought many songs because I heard them on the Ellen show..
The record companies are screwing themselves..That’s free PR…

Anonymous | 9/11/2009, 6:07 pm EST

Thats bull shit!

Frank | 9/11/2009, 6:11 pm EST

Lisa, please read Erin’s comment.

K | 9/11/2009, 6:14 pm EST

what the hell is this fuckery?! Leave Ellen alone!

Anonymouse | 9/11/2009, 6:22 pm EST

Ellen = cheap bitch.

luvwknd | 9/11/2009, 6:23 pm EST

Unitard

I don’t really care what you believe!

Guardian | 9/11/2009, 6:25 pm EST

Wow, absolutly insane. What about all the exposure the music recieved from being played to a national audience. Penny wise pound foolish.

Bobby Z | 9/11/2009, 6:27 pm EST

To all you folks who keep making the point about so-called “free advertising”, I’d like to point out that these companies did not ask for advertising, free or not. It is their property. They have every right to make the decisions on how their material is presented. Maybe they don’t want their material associated with Ellen’s crummy show!!

Frumious | 9/11/2009, 6:27 pm EST

What’s fascinating is the stupidity that this brings out in some people. All of the trashing of Ellen, another human being, is not only off-topic, but irrelevant in general. It’s really just a reflection of the boiling hatred that some of you are harboring for the rest of the world.

Hate if you want to, but just keep it to yourself. Burn your own heart out- have a field day. This is discussion is about the merits of copyright and licensing, how far it extends, and how far it should extend. If you think you know Ellen Degeneres well enough to have a personal opinion about her, fine. But you know what they say about opinions… they’re like a**holes. We all have ‘em and they all stink. So stink away if you need to. In your own home, though, please.

Stephanie J | 9/11/2009, 6:39 pm EST

You people who are jumping on the “yeah screw the record companies” Are also thereby saying screw the artist. I agree the record companies are rapists but the little they give to the artist would then also be stolen. Thankfully artists like Icelandic artist ragnarmusic. Com have taken matters into their own hands and bypassed the system. (disclaimer:I represent this artist)
Licenses need to be paid, whether you dislike the system or not…Thankfully, with the help of tech and music lovers, the labels grasp on the artist is loosening. I doubt Ellen would agree to have her show on air without any compensation.

pbh4935 | 9/11/2009, 6:46 pm EST

Record companies are blood suckers. Artists are abused by them regularly.

Ellen is a class act and constantly targeted by others.

So, what about that fabulous wedding video where the bride and groom dance down the aisle with all their bridal party and ushers to that Chris Brown song…it was on the national morning news and seen by millions on youtube. Are they going to be sued?

Record companies SUCK.

miley who? | 9/11/2009, 6:47 pm EST

the problem is the artists are caught in the middle.and let’s face facts, most do not own the rights to control what happens to the music and who uses it.

spenzr | 9/11/2009, 6:51 pm EST

On this day, 9/11, it is heartbreaking that people where, and are still so cruel. Should, Heaven forbid, this be your last day on this planet, would you want some of these words and feelings, about someone you really do not know, to be your last. Do unto others…
Be kind and the world will be a kinder place. Thank you.

tony | 9/11/2009, 6:52 pm EST

So many comments
so much wasted energy
unbelivable stupidity and prejudice.
Let’s just dance.

Mike | 9/11/2009, 7:09 pm EST

I could understand using music to promote something like a commercial etc., but Ellen uses it to Dance to not to promote the show. Record labels should want to be played, it’s free promotion and people that normally do not listen to the music played are listening and buying the music. Does that mean that artist that wish to appear on Ellen to promote their music, should pay to appear?

bob | 9/11/2009, 7:18 pm EST

to those that pretend the record companies are in the right
america didnt go along with this crud 100 years ago
as a matter of fact we were the nock of king of the world back then
there were constant fueds americans took the stand that long ip was bad for the people
funny now we have the longest in the world and pretend like thats always been our stance
the list of artists that have been raped and left for dead by those folks is long and shameful
the recording execs have done things to people that makes MS look like good hearted boy scouts
so you duds keep on pretending its a case of theft all you want to it realy boils down to some rich dick saying “hey i stole that fair and square”

Joe the American | 9/11/2009, 7:26 pm EST

Ok brain deficient people, let’s boil this down so that even YOU can understand…

So what if you go out and take furniture, cookware, music CDs, and tvs for your own use without paying for the items?

You think the judge is going to listen to you when you say, “I didn’t pay because that’s not how I roll…”

People, get a grip. Just because she’s gay doesn’t exclude her from the laws everyone else has to abide by.

Get a grip people.

poop | 9/11/2009, 7:28 pm EST

fuck the record companies

bob | 9/11/2009, 7:41 pm EST

i guess i am just wierd but i wonder how many people understand how this stuff works
i suspect if they realy knew they would put and end to this “stuff”

just an informal poll

how many here are aware the american goverment is in charge of collecting the royalties
how many know they then take that money deduct their “expenses” then whats left is put in
short term interest bearing securities with the us treasury (proping the goverments finances up)

am i alone here or do others see a conflict of interest in all this?

just another instance of the american goberment siding with the rich and powerfull against the best interest of its people!
reasonable copyright is a must but this crap we got is out of control and needs to be addressed in the
real light of day
google and follow the links to the us copyright office
funny how all this stuff gets so much press but none of the undersided stuff makes it into the news

who cares | 9/11/2009, 7:56 pm EST

music is music. she paid for the cd’s, so perhaps we should all be sued for listening to music on cd in our cars? Made an album, people purchased, is that not enough? Such dumb stuff to worry about! Go and feed the poor people of your neighborhoods or give to a charity! These big wigs are just dumb! Get a grip!

Thozmaniac | 9/11/2009, 8:10 pm EST

So many people with so much hatred.
These posts prove that the rest of the world is right when it hates Americans.
I’m an x-American, changed my citizenship status.
I wouldn’t want to be clumped together with all you vile and nasty haters.

marcy | 9/11/2009, 8:13 pm EST

Free advertising for the songs and done so by popular celebrity and no complaints. Then, after watching for an entire year, now they want to sue for the very same thing they liked. Not one complaint until now. Sounds fishy to me.

cottonseed | 9/11/2009, 8:14 pm EST

Once again the RIAA and the record companies show how far behind the curve they are. They are used to making tons of money off others people’s works for years as they controlled who and what was heard and often make more money than the artists who actually made the music. The advent of the internet has hit these guys in the wallet as they no longer have the control they once had so now they sue everyone, including dead people and grandmothers,so they can afford the lavish lifestyles that other people’s hard work has given them. Feel sorry for them? Not one bit.

lawboy | 9/11/2009, 8:16 pm EST

Inverse137 said: “Copyrights on medicine,as an example, how can you charge maximum price for something that saves a life?”

You can’t get a Copyright on a medical procedure or device. You obviously dont’ know your ass from a hole in the ground when it comes to this topic.

Sorry, but if you are that ignorant about intellectual property law (copyrights in particular) perhaps you should refrain from commenting.

I have been doing this for a living for 20 years now, IP Attorney and some of the comments here lead me to believe that a lot of people obviously are so ignorant about the law on this topic it’s frightful. You know, there used to be a time in this country that if you didn’t know what you were talking about, anyone with intelligence would remain quite. Unfortunately, it appears that the internet has given voice to the people who don’t know what they are talking about, speak about it as if they are an authority and have no shame in doing so.

marcy | 9/11/2009, 8:17 pm EST

Thormanic. The rest of world doesnt hate americans.don’t project.

a realist | 9/11/2009, 9:29 pm EST

I hope they take her for all shes worth.

Gary | 9/11/2009, 11:30 pm EST

I think that this is the best part of her show, dancing to these songs and just having fun and making people happy. Keep up the good work Ellen, and some of the comments that I have read are nothing but down right nasty. Shame on you people and I hope that you ask God to forgive you for your nasty mouth and or mind for writing these nasty words, may God forgive you….

rg | 9/12/2009, 12:25 am EST

Consider this: They COULD have paid a composer to write some dance music, and hired musicians to play it (or paid the composer to set up the tracks on his/her computer). If they wanted to save some money, they could have simply paid a license fee enabling them to use existing music on the show — and then the composer would still have made a little money. But they didn’t; instead, they simply didn’t pay at all (because they “don’t roll that way”). If you stop paying artists, sooner or later you lose artists. The E.D. Show producers apparently do not care much about artists.
PS – What was that insane nonsense post about the US government collecting royalties? Does anyone really believe that silliness?

native austinite | 9/12/2009, 12:35 am EST

I wonder how many people buy the song because they heard on Ellen. I know I have.

CMiller | 9/12/2009, 3:40 am EST

That just goes to show that money is more important to people in the industry than making the people happy. If I had an album and someone like Ellen wanted to play my music I would say “HECK YEAH”. Go ahead and take my music into millions of homes that might never hear it. Some people are just too dumb for their own good.

ha | 9/12/2009, 6:47 am EST

those record label supporters are pathetic.

Sam Stone | 9/12/2009, 6:47 am EST

The law is the law. It has nothing to do with free publicity. This is how the artist makes their money, and between file sharing and the internet it is harder to sell records than ever before. Play by the rules Ellen!!!

harry oyster | 9/12/2009, 7:10 am EST

ellens a likeable sort,she seems like a happy gal,i hope she tones down the contrived conflict factor on the show, more positivity in general=]=] shes kinda awesome

WhoaBoy | 9/12/2009, 7:19 am EST

Ellen vs. RIAA. Nobody to root for here.

Anonymous | 9/12/2009, 8:43 am EST

I find Ellen’s daily ‘dancing’ annoying in the first place…

It’s obviously a desperate time filler for a talk show that has very little to say.

(I did like Ellen, when she was strictly a stand-up comedian, though.)

Corporate Magazines Still Suck | 9/12/2009, 10:35 am EST

For some reason these corporations (record labels) don’t want people to dance.

Free positive advertising (putting money in artists pockets daily): The Ellen DeGeneres Show”

Free negative advertising (who is running this show?): the corporate lawyers suing the source of free advertising

Why have things gotten so out of hand?

Why is “Happy Birthday” still copyright?

It’s ridiculous.

Dean | 9/12/2009, 12:33 pm EST

@Thozmaniac: “So many people with so much hatred.
These posts prove that the rest of the world is right when it hates Americans.
I’m an x-American, changed my citizenship status.
I wouldn’t want to be clumped together with all you vile and nasty haters”

——————— ————–

What a hateful thing to say…oh.LOL

(Thanks for leaving the country btw)

Herb | 9/12/2009, 2:25 pm EST

I never understand how someone can argue that the music she is playing on the show actually benefits the music companies because it is good exposure, and because of that they do not need to pay license fees.

Well, for one, the music she has played is easily recognizable and well established tracks. Why would a Michael Jackson’s or a Beatles or a disco classic need “free” exposure on Ellen’s?
She uses these easily identifiable tracks to create an atmosphere of association, ease and connection with the audience.

A song that needs these “free” exposure would be obscure, niche and unfamiliar, and that would certainly fail in achieving the goals mentioned above. Had she played m83? Or Steve Martin with his banjo?

Using a popular song to enhance your show, and not acknowledging it’s purpose by not paying the license fee? That’s an even worse example of exploitative capitalism than the music industry charging fees for commercial usage.

For those people who said they bought albums on 40 seconds play? Do you know how ridiculous do you sound? Or are you brain washed by Ellen, and that anything she says you should buy or listen, you would actually do it?

Mike | 9/12/2009, 6:47 pm EST

hey unitard…guessing you don’t really care about people with special needs much. Why else would you call people a retard, plus your user name is just a continuation of the mockery, right?

Bubba | 9/12/2009, 7:05 pm EST

She clearly profited from the songs as they were used in a segment of her show that was specifically designed to create a connection with her audience.

Ndlovu | 9/12/2009, 7:34 pm EST

Thank god I have no real use for the top 4 record companies. There are soooooooo many great artists out there that deserve a chance to be heard, so hopefully Ellen will learn that playing these super pop-y hits is not good for anyone.

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transoniqjohnny | 9/12/2009, 7:48 pm EST

Um…let’s see how this sounds…You go to work for 10 hours and you prepare a neat presentation but your boss is Ellen Decheapo and she says: “That’s great! I’ll use it for the company sales conference and you will not get paid your salary for all your hard work.” Sounds fair to all of you who go to work for free, huh?

Just a thought... | 9/12/2009, 8:34 pm EST

First, this is a product that is not something you can hold in your hand… and you can’t see someone take it… and many people would have you believe it should be free… but I would really like to meet a person that would put their time and money into a product that they created put it in a store to sell and thought it would be ok if someone stole it because it would be great promotion… no one would say this was ok…

Second, I know everyone hates big companies… but at a certain point… we have to know that without them we would not have some of the music we love today. They supported the artists when others didn’t… it is like starting your own company… getting an investor to help you and then getting mad at the investor when they try to protect you… or do millions automatically give you business sense and a law degree? Or the consumer gets mad at the investor for supporting something that brings us all happiness or a way to relate. Yes, there is corruption… and I am not saying all corporations are right… but I feel like the labels always get a bad rap… and in this case they are standing up for the artists… weather you are indie or not… doesn’t matter law is law… and if any of the indie artists ever wanted to make it big… the more they knock the ones that have… the further they will be from getting there…

Third, Ellen is a perfect example of a super wealthy woman… who has the world believing that she can still relate to us… giving away gifts that were given to her for product placement on the show is not what makes a good human.

Heather | 9/13/2009, 3:41 am EST

Ellen is a phony! She has shown she could careless about anyone but herself, and has no respect for the music business! I hope Americans band together and stop falling for her stupid mind games. With family in the music business, and my retirement funds invested in the industry, I am hurt by her actions…and I will no longer “roll” her way.

Lorenzo | 9/13/2009, 3:17 pm EST

Hey record labels:

If I don’t hear it, how do I know if I want it. You guys and gals are not looking at the big picture. Us Old people hear old song that we loved, than go and pay for the a down load on our new Ipod and mp3’s player. Come on Record Labels you need to HEAR THE POPPING SOUND.

Hey Lorenzo, | 9/13/2009, 7:58 pm EST

Lorenzo,

Ellen is not exactly breaking new artists, or playing obscure music.

She is playing well established hits that most people already know.

She’s not helping unknowns who need exposure.

If you need to hear the music played on Ellen’s show, all you need to do is turn on a radio, and it’s there.

stop_being_sheep | 9/14/2009, 3:17 am EST

I doubt anyone will take the time to read through all the rambling bitching…. “i have my money invested in the music industry”….tip, you should take down the top four companies who are hoarding the profits and starving music artists!!!!

she did nothing but cause interest in the music ‘bits’ she played during short segments in her show, she was NOT profiting off this music. How would she? Selling cd’s back stage? Wake up! Anyone who wanted to get the music being played would pay the record companies!!!!

Donna | 9/14/2009, 12:52 pm EST

You would think that they would love the free promotions they are getting from the show. And to anyone who says Ellen is selfish and greedy must not watch the show and see that she gives away thousands and thousands of dollars to people who are in need.

Nothing in this world is free and I am sure that the 2 or 3 minutes a song is played on the air on TV is more valuable to the artists then when it is played repeatedly on the same radio station to the point of bordom. I myself do not listen to the radio, I do watch Ellen and have bought CD’s when I have heard a song I have liked and had not heard before.

Wise up and stop taking this recession as a reason for frivolous lawsuits. IN the past Record Companies and artists would have done anything to get their music out there for people to hear… and get hooked!

Anonymous | 9/14/2009, 12:57 pm EST

To stop_being_sheep,

She IS profitting off the use of other peoples’ music.

She dances to well established hits at the start of her show, to create some kind of special host/audience ‘connection’, via the music.

And that bond is a large part of the reason people watch her show daily. Hence she profits from the use of other peoples’ music. And doesn’t even have the decency to pay for it!

Consumer | 9/14/2009, 1:11 pm EST

I think this whole thing is SO juvenile on the part of the music industry. In my 46 years I have spent thousands of dollars on music, and I’m sure somewhere, some record execs, artists etc have lived some VERY lavish lifestyles. Now they want more?

They should be thankful that Ellen is keeping some of thier music at the forefront of the American consciousness, since many of the tunes she dances with haven’t been playing frequently in quite some time.

I further think that Ellen does an awesome job of being upbeat, fun and humorous in a time when life isn’t so great for a great many people ie, the global economy etc.

I think someone should tell the music industry to shut up, and learn to live with the cards they are being dealt. Afterall everyone else has to. The music industry should direct it’s efforts toward those issues rather than whine like some school room sissies, when things don’t go thier way.

I know that for every time I read/hear some nonsense like this that the music industry has pulled, I am less and less likely to buy thier produsts in the future. Afterall someone at the Ellen show or the DJ purchased the music at some point right? Now the music industry wants more? Come on!

Jim | 9/14/2009, 3:30 pm EST

Folks its not all about the artist and the label. There are literally hundreds of other hard working people that labor in the music industry for modest salaries. The volume of revenue generated by replays allows labels to produce more music. More music equals a filter down of money to the hard working folks in the music industry.

Maya | 9/15/2009, 7:47 am EST

OH COME ON!!!! now the record companies have realized that Ellen is using unlicensed songs after being on the air for 7 years?! well, GOOD MORNING!!!.It’s obvious they’re playin a nasty game just to make some money after she’s named an American idol judge. The artists must be happy ’cause she’s promoting their songs. Pathetic people! Go and sue the BAD guys!

The Music Business is the suck | 9/15/2009, 4:00 pm EST

If you work in the music business, you have two options:
1. Work for small independent labels and actually make a difference
2. Whore yourself out to the colossal industry megacorps who rape our pocketbooks daily.

If your favorite artist is on a major label, they’re being fucked.
Period.
No argument possible.

KellyPittman | 9/15/2009, 4:57 pm EST

Why is it such a big freakin’ deal. It’s like 40 seconds of a song and it’s not about the song, but everybody starting the show with a dance. If anything, by ELLEN dancing to their song, they are getting free publicity. Get over yourselves you stupid billboard freaks. Ellen, just play the radio… can they sue you for that?? (probably so… sigh)

The #1 Question | 9/15/2009, 11:04 pm EST

To pay or not to pay? I think at this point the main question is, why after 6 seasons? why do they want their money now?

walt b | 9/17/2009, 3:26 pm EST

give me a break!people pray to get their wares on Oprah because of the almost immediate financial gain they recieve.i’m sure that many cds are bought my viewers after hearing the music on ELLEN. ELLEN,start playing starving artist music and they WILL .appreciate it and thank you

Mooseybaby | 9/20/2009, 2:44 am EST

I make my living as a songwriter. As a songwriter I can only hope that the Ellen show would like to use my song and pay me for that privilege so that I may feed my family. Just because you can’t physically hold something in you hand doesn’t mean it’s not stealing if you take something that someone else owns and don’t pay for it. I realize that those of you who don’t work in the music business think that all songwriters are wealthy but we’re not. I just want to work and be paid for my work, I’m sure it’s the same for you. The only way I make money is when someone pays for the use of my song. This type of theft is killing the music industry. The record labels are only one part of the equation. It is killing the music industry.

Dustin | 9/22/2009, 2:54 am EST

To those who indicated that the music industry is based on greed: That is completely false the music industry is based on a love for music and a desire to create good tunes. Yes, currently the music industry is really screwed up financially. And you have to fight for every dime you are owed. (Believe me this is in every aspect of the music industry. From the guy recording the record to the label exec at the top of the list.) Until you live in this industry you don’t understand how much piracy has taken away from any sort of financial gain. Often I work 16 hour days for less than minimum wage. So, think again when you say the music industry is based on greed. The only people who are greedy are the consumers who think they have a right to steal the products we create without paying. Seriously, if you like the music buy it.

Lauren | 9/22/2009, 2:39 pm EST

re: Bowman | 9/11/2009, 2:33 pm EST

TV shows can play any song ONE TIME without a license. This has upset many musicians who didn’t want to be associated with a certain show, but it’s not illegal.

This certainly is illegal. you need a license to use a millisecond of a copyrighted work on tv always. you might be thinking of ephemeral uses but Ellen’s uses doesn’t really qualify. especially on reruns.

Fred | 9/29/2009, 7:57 pm EST

Music makes Ellen look good, when she dances.It gives her more personality to her show when opens it.So the records companies or songwriters, have some right to a fee.

carly | 9/30/2009, 3:00 pm EST

when artists are brand new, they would do ANYTHING to have their songs heard! to me airing on ellen’s show was a free publicity to them they should be grateful for considering how many watch and enjoy her show, i personally don’t believe she played the music for profit, it was for entertainment and as i said artists and record companies should know the bloody difference between someone pirating, stealing for profit or whether they may be gaining more publicity by being aired on the show, especially one with such a huge audience. come on, it’s so sad when people forget where they came from! she wasn’t at home illegally obtaining music and selling it, give me a break this is ludicrous in the business that makes such ridiculous amounts of money they are so disgustingly greedy and horrible, feed a damn kid would you people? try that for once rather than your endlessly deep pockets. most of these artists begged at one time for airplay, anywhere they could get it, wake up!

alma | 10/3/2009, 10:21 pm EST

R U FREkIN SERIUS THIS IS SOO STUPID NOW JUST BECAUSE OF THAT WE CAN NOT EVEN SING HAPPY BIRTHDAY SONG AT MY RESTAURANT THATS THE STUPIDDIEST THING I’VE EVER HEARD WHAT DOES THIS WORLD COME TO??? I THINK ELLEN SHOULDN’T PAY FOR ALL THAT SHIT SHE WAS PROMOTING THOSE SONGS FOR FREE LOL!!!

Brille | 10/11/2009, 11:37 pm EST

Very cute :-) ))),

Brille | 10/11/2009, 11:38 pm EST

Very cute :-) ))),

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