In the dynamic world of marketing, celebrity endorsement deals have become a ubiquitous strategy for brands aiming to capture consumer attention and build brand affinity. Think Madden Football or the George Forman Grill. In these instances, the product and the celebrity became synonymous in the minds of consumers. Such partnerships leverage the fame, influence, [...]
More Revenue for Songwriters? Copyright Royalty Tribunal increases the Mechanical Royalty Rates
Recently, on December 12, 2023, the Copyright Royalty Judges announced a cost-of-living adjustment (COLA) increase in the mechanical royalty rates for the 17 U.S.C. §115 statutory license for making and distributing phonorecords of nondramatic musical works regarding physical phonorecords and Permanent Downloads. The new rate is 12.40 cents per reproduction or 2.39 cents per [...]
Warhold v. Goldsmith–Fair Use and Appropriation Art
This article is a modified exert of Chapter 7 from Mr. Shrum’s book, Guitars, Gavels & Gold, published by Kendell Hunt in 2022. Used with permission. The case of Warhol v. Goldsmith was argued in front of the Supreme Court in October of 2022 and SCOTUS issued its ruling in the matter this past [...]
Nashville Songwriters Hall of Fame Reunion
Last week, I was so honored to see many of the members of the NaSHOF at our Hall of Fame Reunion Lunch, held at Ray Stevens’ Cabaray Showroom on December 7. The annual event is always one of my favorite, next to the NaSHOF Gala, and it is always good to see old friends [...]
Oiling the engine of free expression
The concept of fair use, codified at 17 U.S.C. §107, is one of the most important and widely discussed topics in copyright law, and perhaps one of most widely misunderstood as well. The Supreme Court has described the concept of copyright as the engine of free expression. That being true, I would extend the [...]
Creative Lesson’s from Einstein and Quantum Physics
As a true geek, Albert Einstein as always been one of my inspirations. What better way to inspire the artists and creators among us than to let my idol do the speaking. In 1982, a physicist at the University of Paris, Alain Aspect discovered that when two subatomic particles become entangled on some cosmic [...]
Patent Infringement: AliveCor and the Apple Watch
By Katy GasperAliveCor, self-proclaimed “global leader in FDA-cleared personal electrocardiogram (ECG) technology and services,” has recently filed a complaint with the U.S. International Trade Commission (ITC) against Apple Inc. stating infringement on three of their patents in the production and sale of the Apple Watch. AliveCor Background:Since 2011, AliveCor has invested largely in the technology [...]
The Harsh Reality of Trademark Infringement in the Music Industry – Pearl Jam & Pearl Jamm
By Katy GasparPearl Jam tribute band, Pearl Jamm, recently received a cease-and-desist letter requesting a change of name and logo, the turning over of domain names, and the destruction of all unsold merchandise. Is this within their rights? To begin, what is a trademark? Generally, a trademark is a design, word, phrase or symbol that [...]
Why You Need Legal Representation When Growing Your Business
Finding a good lawyer is essential to any business. Protecting your business from liability and creditors is essential to longevity and success and the groundwork for those mission-critical tasks must be laid in the initial stages. Because of the complex and often misunderstood nature of intellectual properties, finding an attorney familiar with the industry becomes [...]
Television & Film Production during the COVID-19 Pandemic; How does the Force Majeure Provision Apply?
Television & Film Production during the COVID-19 Pandemic; How does the Force Majeure Provision Apply? COVID-19 has affected the entertainment industry in many respects, especially in the areas of film and television production. Given the nature of productions of this type, working from home is rarely an option, and being in close proximity to [...]