Copyright Filing: Single or Compilation
Filing a copyright is relatively easy if you know what you are doing. Registration is accessible online via the United States Copyright Office (www.copyright.gov), and currently (as of February 2012) the online filing fee is $35.00 USD for most works. To start, one of the main reasons an Artist files a copyright is proof of [...]
Can I get sued for Blogging?
“Can I get sued for blogging?” is a question that sometimes comes up in our office, and we are always amazed at the wide variety of beliefs we encounter. The answer is absolutely YES. Let’s discuss a few ways you can get sued with our imaginary blogger named “Matt” who writes blogs about “Baseball.” 1. [...]
Are unpaid interns legal?
Recently, two individuals who worked as ‘unpaid interns’ for the feature film The Black Swan filed a lawsuit against the film’s production companying arguing that the production company violated a variety of minimum wage and other labor laws through the hiring of unpaid help. The basis of the suit stems from the Fair Labor Standards [...]
What to consider in a Management Contract
Management agreements are not the most complicated agreements an Entertainer will face, but they are certainly among the most important agreements an Entertainer will sign. A personal manager is the closest member of an Entertainer’s team, and needs to understand the entertainment industry to be able to guide an Entertainer through the variety of pitfalls [...]
Trademark Classifications
When a person comes into our office to register a trademark, one of the first things we always discuss is what area of the business world are they intending to enter or protect. Trademarks work on a system of classifications. For a detailed list, they can be found here. These classifications categorize what goods/services your [...]
Why picking a good band name is important
Recently it was announced that the pop-rock band Hanson, yes that Hanson of teeny bopper fame in the late 1990s, plans to get into the beer brewing business this year. The brothers intend to make an IPA beer named MMMMHop, bringing back fond memories of their hit tune linked above. While first, we must commend [...]
Occupy Trademark
Despite the anarchistic tendencies of the Occupy Wall Street movement and the heavy anti-capitalist and corporate principles in which the movement might believe, some members of the movement have nonetheless applied for Federal trademark protection, an enormously profit seeking capitalist venture. The big one, “Occupy Wall Street,” had an application filed by a group of [...]
Can I trademark a sound?
The answer is yes, but it is very difficult. According to the United States Patent and Trademark office (and stated very simplistically), a sound mark depends upon ‘the aural perception of the listener and the sound is so inherently different or distinctive that it attaches to the subliminal mind of the listener to be awakened [...]
First Sale Doctrine and Digital Content
Second hand stores, such as used CD stores and eBay, have been around for years and are able to operate under an exception to the Copyright Act named the First Sale Doctrine. Simply stated, this doctrine allows the legal purchaser of a copyrighted work to sell or transfer the copyrighted work to a subsequent buyer [...]
Who owns your Band?
Whether you are from Florida, Tennessee, or typically elsewhere, the law will presume each member of your band is a “general partner” when no written contracts are signed between the members. This means each member owns an equal portion of the band and has equal say in management decisions. This is important as some members [...]