A band from Brooklyn is suing the New Jersey Devils, claiming that they failed to pay for the rights to use a song in a pregame video. A dig into the world of music licensing shows they might not have a case.
New Jersey Devils Sued By Band; Does The Lawsuit Hold Water?
Note: We originally cited a New York Post report that said it was a $30 million suit, but according to the band on Facebook, it’s a $10 million suit and “The Post printed 30M for shock.”
A company called ASCAP serves as the middle man between musicians and all organizations that wish to obtain the rights to play music in a public setting. There are thousands of these organizations that hold ASCAP licenses, from parade organizers to SiriusXM Satellite Radio to, yes, hockey teams and arenas.
Read Article >Band Files Lawsuit Against New Jersey Devils Over Alleged Misuse Of Song
NEWARK, NJ - APRIL 10: Travis Zajac #19 of the New Jersey Devils and Richard Park #10 of the New York Islanders take the opening face off at the Prudential Center on April 10, 2010 in Newark, New Jersey. (Photo by Jim McIsaac/Getty Images) Getty ImagesBlack Water Rising, a self-proclaimed power rock band from Brooklyn (also, self-proclaimed “Bad Mother ****ers”), has filed a $30 million lawsuit against the team, claiming that the team failed to gain permission to use their song “Rise” in a pre-game pump up video that the Devils used during the 2010-11 season.
The song is licensed by ASCAP, or the American Society of Composers, Authors and Publishers, which works as a sort of middle man between artists like Black Water Rising and venues such as Prudential Center or teams such as the Devils. These organizations purchase “blanket licenses” through ASCAP, and that license grants them the permission to use their entire collection of music in a public setting, such as an arena or over the airwaves.
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