Thousands of copyright infringement lawsuits are filed every year related to allegations of copying music or lyrics. To win a music copyright infringement case, the person filing the case must prove some sort of actual copying. In legal terms, the plaintiff must show “substantial similarity” between the plaintiff’s alleged original and the alleged copy. One […]
Under the US Copyright Act of 1976, 17 USC § 101 et seq., there are two categories of damages that can be collected to punish music piracy. “Piracy” is known legally as “infringement.” The two categories of damages are: The copyright owner’s “actual damages and any additional profits of the infringer…” (Section 504(a)(1)) or An
Understanding Actual and Statutory Damages for Music Pirating Read More »
As many know, the Mechanical Licensing Collective (MLC) is set to “go live” on January 1, 2021. Despite many worries that were expressed in 2018 when the MLC was authorized and despite delays caused by the COVID-19 pandemic, it appears that there will be no significant delays or requests to Congress for more time. It
Music Industry News: Update on the Mechanical Licensing Collective Read More »
As a musician and artist, the thought of trademarking for musicians might have come across your radar. That is because building your trademark is essential for protecting your songs and performances from being used or rebroadcast by others. It may take time to build your brand, but once established, your trademark should be registered with
Trademarking for Musicians: What are International Classes? Read More »
Signing up with one of the available performance rights organizations may help you in getting closer to benefiting income from your ownership in your copyrighted music. benefits of your copyrighted music. Under the Copyright Act — 17 USC § 101 et seq. — as long as a musician retains ownership of the copyright to his
What are Music Performance Rights Organizations? Read More »
The federal Second Circuit Court of Appeals, here in New York, recently issued an opinion that is instructive on the legal question of “music sampling.” Sampling is using a small segment, the “sample,” of an older sound recording in a new song. Often, the older music, lyrics, or audio is played in the background while
Court Affirms Drake’s Music Sampling of Jimmy Smith’s Rap Fair Use Read More »
A trademark may be able to protect your book title, but it is more difficult than you think. Generally, a trademark typically will not be granted to protect a book title, there are some exceptions. You may be able to obtain trademark protection of your book title if your title is distinctive enough, a part of a series, or an overall part of your brand.
Can You Trademark a Book Title? Understanding the Basics and Exceptions Read More »
In today’s world, outsourcing is a common practice many entrepreneurs and businesses are doing. However, when a person or company outsources, many legal issues are involved. Specifically, these issues arise from the ownership of outsourced work and the intellectual property that is created in outsourcing the work.
Because of this confusion, many people who outsource work are now using work for hire agreements, or specifically including a work for hire clause in the employment agreement or independent contractor agreement they are requiring be signed before they start the work.
Ownership of Outsourced Work and Why You Should Have a Work For Hire Agreement Read More »
Cybersquatting occurs when an entity (a person, a company, etc.) intentionally buys up the domain name of a specific business and then holds on to it, with the intent of selling that domain to the business for large profit later. If you own a trademark and find that the domain name cooreponding with your trademark has been taken, it is possible that you may be the victim of cybersquatting.
New Domains Equal Continued Problems With Cybersquatting Read More »
Trademark licensing is the process where a trademark owner agrees to give another person or company permission to use its trademark, in a commercial setting, in exchange for a fee. There are many reasons why licensing a trademark can be very advantageous. Trademark licenses are complex with several points to be negotiated. An attorney who is well acquainted with trademark licensing is invaluable in providing information regarding licensing requirements and advice in creating and negotiating a trademark license.
