Uni & Fox Sued Over Simpsons Music

[BJCool]

THR reports that a musicians union is suing NBCUniversal and Fox for using music from The Simpsons in the attraction. However, the article only lists Universal Studios Hollywood as the park the union has a complaint against.

Musicians Union Sues Fox, Universal Over 'Simpsons' Music (Exclusive)​

Buckle up for a lawsuit contending that music used at a Universal theme park roller coaster is a breach of a labor agreement.

So it had to end sometime.

Fox's The Simpsons is in its 24th season, a remarkable achievement in itself, but one that's even more incredible because the show has experienced its run until now without major litigation. As Homer Simpson and company face the inevitable end, whenever that might be, the good-luck streak could be over.

Last week, the American Federation of Musicians sued 20th Century Fox and NBC Universal over music from The Simpsons.

Specifically, the union is objecting to a Simpsons roller coaster attraction at Universal Studios Theme Park in Hollywood that has been featuring the recorded music soundtrack from the show. The plaintiff union filed the lawsuit in California federal court, alleging that Universal obtained the recording without providing any notice.

According to the complaint, both Fox and Universal are parties to a 2010 agreement with the musicians guild that "include(s) a broad restriction on new uses" of music recorded for TV shows,

Such recorded tunes purportedly are supposed to be used as "originally prepared" except for advertising, rehearsing, the edification of company executives and other limited instances. And when music is dubbed for phonographic records, there are certain provisions for payment and credits.

The lawsuit states, "Universal's use of music sound track from The Simpsons at its park does not fall within any of the new use exceptions enumerated in Article 8 of the Agreement and, thus, is not an authorized new use under the Agreement."

Universal is objecting, of course. According to the complaint, the entertainment giant is contending that the use of the soundtrack is "promotional" in nature.

Meanwhile, the lawsuit adds that Fox is contending that it has transferred some of its intellectual property rights in The Simpsons to Universal.

But that hasn't taken Fox off the hook.

The American Federation of Musicians is suing both companies for breach of the labor agreement and is seeking injunctive relief. Further, the union wants economic damages for the musicians employed in the recording of the music for The Simpsons.

D'oh!

A Universal spokesperson sends the following comment: “Universal Studios Hollywood denies the claims made by the American Federation of Musicians. No other comment on pending litigation will be made.”

Fox did not respond to requests for comment.

You can read the complaint here: http://www.hollywoodreporter.com/sites/default/files/custom/Documents/simpsons.pdf

 

[captainjack]

Just another "union" trying to go after Universal. I say good luck with that. :thumbs I have personally dealt with Unis legal department and they make even the mighty Disneys legal team look amatuerish After I believe it's 20 or 25 years all recorded music becomes "public domain". Why do you think Sheryl Crow can record all those old GnR songs and not get sued? Besides all Universal has to do is prove they aren't selling Simpsons soundtracks or any version of the music. This reminds me of the lawsuit from years ago where the two guys tried suing WDW claiming Epcot was their idea. :rofl:

 

[shiekra38]

"Universal theme park roller coaster" I think they mean simulator...
Interesting that Uni Hollywood is only mentioned in this article, I believe both are relatively the same ride and use the same music. This is very strange and out of the blue seeing as how the ride has been operational for a long time

 

[JungleSkip]

If the new agreement started in 2010, wouldn't the Simpsons be grandfathered in since it opened in 2008?

 

[captainjack]

If the new agreement started in 2010, wouldn't the Simpsons be grandfathered in since it opened in 2008?

Good point :thumbs:

 

[Kevin38]

"Universal theme park roller coaster" I think they mean simulator...
Interesting that Uni Hollywood is only mentioned in this article, I believe both are relatively the same ride and use the same music. This is very strange and out of the blue seeing as how the ride has been operational for a long time

The lawyers probably figure if they get a judgement in California they only have to go in front of judge in Orlando.Try to get an Orlando jury to find for you if you are going after a theme park.

 

[BJCool]

Here's some further explanation of the way the union runs from Screamscape...

(10/12/12) I’ve been sent a little more information regarding the AFM’s complaints against Fox and Universal, as told from an insider. According to our source, typically most of the studios will intentionally try not to record any of their scores in the US, especially not in California, because of the AFM.

It’s not that the studios don’t want to pay what is owed to the musicians, but there is a overly complex system required by the AFM requiring the studios to keep track of the names and addresses of every musican who contributed to each and every song. Then keep track of each and every time each movie or TV show is played, where and how, and then mail out increasingly tiny checks (often less than a dollar each) to each member involved through infinity.

Instead the most common practice is to record most stuff out of the country, particularly in the UK, where their own local unions offer a “buy-out” rate to pay the musicians more up front in exchange for paying endless residuals for decades. The AFM apparently does not allow for this kind of “buy-out” method.

That said, not all music is recorded out of the country, and apparently in this case, some of the music used either in The Simpsons Ride or perhaps just in the queue or park music playing around the ride itself was recorded domestically, and covered by the AFM agreement.