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What Constitutes Copyright Infringement? Copyright infringement occurs when a party violates any of the copyright owner’s exclusive rights. Assuming ownership of a valid copyright and no applicable authorization, infringement requires both of the following: the alleged infringer, as a factual matter, copied from the copyright owner’s work in a manner that implicates the copyright owner’s exclusive rights (eg, reproduction, public performance); and the alleged infringer appropriated enough of the copyright owner’s original expression to give...

Wills and Trusts

These days there are tons of online services that will allow you to draft your own will or trust. They are cheap. That’s because you get what you pay for: a standard form that you fill with your personal information, without any guidance or anyone to ask for help. When you hire a lawyer to prepare your will, trust, or both, you get personalized service. You get exactly the documents you need and want based...

The start of any discussion of copyright in the United States begins with the U.S. Constitution, Article I section 8, clause 8, “The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Over the years, Congress has enacted several statutes, with the most recent being the Copyright Act of 1976. Copyrightable works...

What is a Trademark?

A trademark is a recognizable sign, symbol, or expression that identifies products or services of a particular source and differentiates them from those of others. Trademarks can include brand names, logos, slogans, and even distinctive packaging. These marks serve as valuable intellectual property assets, embodying the reputation and goodwill a brand has cultivated over time. For instance, the golden arches of McDonald's or the bitten apple of Apple Inc. are universally recognized trademarks that evoke...

Artists and Contracts: Key Terms to Consider in Negotiating and Reviewing Contracts

The foundation of the entertainment industry is intellectual property. At their core, the contracts used in the industry are designed to outline the protection of the rights and the payment of money for their use. Studios, labels, agents, venues, producers and other industry agencies and professionals, often have a team of lawyers drafting contracts to protect their interests. Often, artists have unequal bargaining power or simply lack the access to a lawyer to assist. Whether...

Lawyers Suck – But You Need One to Review Your Contract

Listen, any lawyer who tells you that being a lawyer is amazing or fun or even satisfying is full of BS. Lawyers suck. Ever ask a lawyer a question. The answer is always, “It depends.” In fact, I once saw an ad for a “Magic 8-ball for lawyers.” All of the answers were “It depends.” It’s true. We really can’t give you a straight answer. There is a reason for that. The first day of medical...

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