Itty Bitty License Clauses Should Be Feared

Media license clauses should be scrutinized, even the itty, bitty bits living in sentences longer than a line for free money. The now ubiquitous phrase "now or hereafter known," which innocently modifies the list of formats through which a song, movie, book, etc. can be exploited by the licensor is an itty bitty with Gojira sized implications.

Consider the recent Richard Reinhardt (p/k/a Richie Ramone) complaint that was nixed as a result. He alleged that the Defendants, WalMart Stores, Inc., Apple, Inc., RealNetworks, Inc., Taco Tunes, Inc., Ramones Productions, Inc., Estate of John Cummings (a/k/a Johnny Ramone), Herzog & Strauss and Ira Herzog, all infringed on Reinhardt’s copyright to six songs penned while one of The Ramones, by digitally distribution. According to him, the digital revolution did not extend to his work. However, what Richie did not count on was that old phonograph agreement he already signed contained the itty bitty "now or hereafter known." On Friday, April 18, SDNY, Judge Scheindlin dismissed the complaint citing the fact that future techs (aha! digital downloading) were within the license’s scope as "now or hereafter known."

So again, don’t take any language for granted, especially clauses that appear to expand the scope of a right.