In order to prevail, LMFAO will need to show McLean’s firm procured employment for them beyond a recording contract. In the original petition, the electronic duo mentioned things like a Pepsi marketing campaign and multiple performances at clubs and private parties in New York and Los Angeles.
Now, a trial is focusing on LMFAO’s work remixing songs for Kanye West, Pitbull and others. Are remix agreements “recording contracts”? At trial, both sides have called industry experts to testify.
Ed McPherson, the attorney representing LMFAO, asked David Berman, a retired record label executive, whether he heard anyone ever refer to a remixing contract as a recording agreement. “No,” responded Berman. “They’re not thought of as such.”
So William Hochberg, the attorney representing McLean, responded by asking for the opinion of Owen Sloane, a music attorney. Sloane was referred to an earlier case (Moir Marie Entertainment v. Lord-Alge) and asked whether as a result of the outcome, he agreed that there’s no question a remixing agreement is considered a recording agreement. “Yes, I would [agree],” said Sloane.