January 2008
Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingBy Stan Soocher
To build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation — such as whether it includes Internet downloads — to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit — in a long-running dispute between Cleveland International Records and Sony Music Entertainment — illustrated how these issues may be argued and decided.
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