Alumni Band to Pay Earth Wind & Fire $750,000 for Copyright Infringement
Many popular bands and singers have tribute bands. These bands are known for playing the music of a well-known artist, drawing fans who desire to see their favorite music played live in concert.
However, there is often a fine line between acting as a tribute band and illegally infringing on the band’s work. This is what happened with an alumni band that has been accused of marketing themselves similar to popular ‘70s band Earth Wind & Fire.
In March 2023, the alumni group, known as The Legacy Reunion of Earth Wind & Fire Alumni, was sued by Earth Wind & Fire in U.S. District Court in Miami. The alumni band’s promoter, Substantial Music Group, and Stellar Communications Inc. were named as defendants in the lawsuit. The court found the band to have committed trademark infringement and has asked the band to pay $750,000 in monetary damages.
Earth Wind & Fire has sold millions of records in the past 50 years, with its music spanning multiple genres such as R&B, pop, disco, soul, and funk. It is known for hits such as “Let’s Groove” and “September.”
The main issue is that the alumni band failed to sufficiently separate itself from the original band. Fans would see advertisements and assume that the alumni band was connected to Earth Wind & Fire. In fact, many fans left negative reviews on social media expressing their disappointment that none of the original members of Earth Wind & Fire were not part of The Legacy Reunion of Earth Wind & Fire Alumni.
On May 14, the parties agreed to a monetary settlement. On May 20, a judgment was signed affirming the $750,000 settlement amount. The founder of the alumni band is deciding whether to change the band’s name. He is looking for clarification as to what the alumni members can or cannot do with the name as well as how the band should promote itself in the future.
Earth Wind & Fire says the legacy band should be prohibited from:
- Using Earth Wind & Fire in its marquee name or promotional videos.
- Describing the history of Earth Wind & Fire in promotional materials.
- Using the name “Earth Wind & Fire” in band promotions, unless accompanied by words such as “music of,” “songs of” or “tribute to” Earth Wind & Fire.
- Issuing any promotional materials that confuse the legacy band as the original band.
- Using any variation of the name Earth Wind & Fire in any way that can be combined with listings of shows by the real band.
Substantial Music proposed keeping the name Legacy Reunion of Earth Wind & Fire and adding a disclaimer that would describe who is actually performing. The company also proposed omitting discussion about Earth Wind & Fire’s legacy or history in advertising materials.
Learn More About Copyright Infringement
Tribute and alumni bands can be confused with the real thing, leading to disappointment among fans as well as legal issues.
Orlando copyright infringement lawyer B.F. Godfrey from Godfrey Legal can assist you with your case. We are able to provide effective and efficient representation when your work has been used inappropriately or without your permission. To schedule a consultation, call (407) 890-0023 or fill out the online form.
Source:
sun-sentinel.com/2024/06/05/alumni-band-agrees-to-pay-earth-wind-fire-750000-after-judge-finds-it-infringed-on-trademark/
