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 [...]
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 [...]
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 [...]
Practical Approach Series–Fair Use: When Do I Need to Ask for Permission to Post a Copyrighted Work to My Social Media? Gallery
Practical Approach Series–Fair Use: When Do I Need to Ask for Permission to Post a Copyrighted Work to My Social Media?Copyright Issues, Entertainment Industry News, Entertainment Law, Fair Use, Internet Law, Social Media, Technology
Practical Approach Series–Fair Use: When Do I Need to Ask for Permission to Post a Copyrighted Work to My Social Media?
By Cheshire Rigler Can a band member post photographs of their concerts to their webpage or social media if they are taken by an unrelated photographer? Can the Instagram posts and stories of social media influencers contain copyrighted music? If a “how-to” post features the trademarks of competing products, does that violate intellectual [...]
Written by Maddie Westrup Amidst the rise of “streaming” the music industry has faced immense innovation in recent years, not the least of which is the total rebuild of Section 115 and the mechanical licensing portion of the 1976 Copyright Act, thanks to the Music Modernization Act which is being implemented as this is [...]
Many of you may remember reading a “Choose your own Adventure” book in your childhood, and being fascinated by the different trajectory a story could take as you made different selections in the story line. R.A. Montgomery created the children’s book series entitled “Choose Your Own Adventure” in the late 1970’s. The original Bantam [...]
UPDATE - Since this article was written in 2017, the CLASSICS Act was incorporated in the Music Modernization Act, passed in December 2019. The plight of the “starving artist” is timeless and history is replete with stories of songwriters and artist being exploited for their intellectual contributions. In the mid 1800’s, when Stephen Foster wrote The [...]
By Drew Harris How delicious are those 11 “secret herbs and spices” assembled by Harland Sanders in 1930 for his popular “Kentucky Fried Chicken” sold at his local service station? It was so “finger lickin’ good” popular that the Governor Ruby Laffoon proclaimed him a “Colonel” and he started franchising his chicken business. But rather [...]
Sorting out the DOJ Ruling and its impact on performance rights GalleryClient Activity, Copyright Issues, Entertainment Industry News, Entertainment Law, Life on the Row, Music Industry, Music Law, Music Publishing, Music Row Nashville, Music Row News, Nashville, Songwriting
The first of the month (August 2016), the Department of Justice issued a summary of findings with regard to two court orders that govern the operation of two of the U.S. performing rights organizations (the “PRO’s”), ASCAP and BMI. If it stands, the decision will also affect the third PRO, SESAC.Songwriters and music publishers around [...]
By Erin Thiele and Barry Neil Shrum, Esq. From the reality television show, Dance Moms to best-selling Sia album covers (including Chandelier, Elastic Heart, Big Girls Cry and Cheap Thrills), Capezio commercials, to featured judging on So You Think You Can Dance, 13-year old dancer Maddie Ziegler is the hottest teen sensation right now, and [...]