Blog Archives
Marilyn Monroe losses major Rights of Publicity litigation
Last month, the estate of Marilyn Monroe lost a major court case in front of the Ninth Circuit Court of Appeals in California in regards to the late actresses’ post-mortem rights as to her name, image, and likeness. As you may be aware, Marilyn Monroe is still extremely popular in modern culture and her estate [...]
How to set up a Talent Agency in Florida – Part 2
The second part of this blog series involves the on-going requirements of a talent agency once the agency is licensed. So now that you have set up shop, the next question is how to legally run your business as to comply with the laws of Florida and Florida’s Department of Business & Professional Regulation (FDBP). [...]
How to set up a Talent Agency in Florida – Part 1
In Florida, a talent agency is any person or entity that engages in the business of procuring or attempting to procure engagements for an “artist” for compensation. An artist is any person performing on a professional stage or in the production of television, radio, motion pictures, music, or modeling. In order to own, operate, solicit [...]
Single versus Compilation Copyright Filings
Filing a copyright is easy if you know what you are doing. Registration is accessible online via the United States Copyright Office, and currently the online filing fee is $35.00 USD for most works. For an introductory level discussion on this matter, there are two primary ways you can register: as a bulk compilation or [...]
Rights of Publicity and Choice of Venue
Publicity rights of an individual can be confusing when compared to other intellectual property rights. Copyrights, trademarks, and patents are all governed by federal law, simply meaning they are national laws passed by the United States of America’s government. Wherever you are in the United States, the same law applies. However, as we all (hopefully) [...]
Atlanta vs. Pixar: Trademark Battle over “Brave”
Pixar has recently released a new fantasy movie named “Brave.” Disney, who owns Pixar, is attempting to register a trademark in “Brave,” but is experiencing significant difficulty. First is the baseball team the Atlanta Braves. The Atlanta Braves currently do not have a trademark on the word Brave, that being the singular use of “Braves.” [...]
Problems with Jurisdiction of Copyright Infringement
As everyone is aware, significant challenges face copyright holders in enforcing their rights against infringers. There are not just a multitude of technological problems locating servers of those who host infringing material, there are a multitude of problems in bringing those who run the servers into Court. A copyright holder may be located in the [...]
Rights of Publicity and Privacy on the Internet
Let’s think of a hypothetical situation. Artist makes a hilarious video of himself jumping off a roof onto a trampoline, and then gets stuck in a tree. It becomes a sensation on the Internet, getting millions of views on YouTube, and shown on popular programs such as Tosh.0 and The Soup. Artist gains a bit [...]
Developments in Copyright Infringement and the Digital Millennium Copyright Act
Today’s blog is about a recent legal dispute with a content provider. Veoh is a website similar to YouTube, as it allows users to freely upload video content. Often times, users upload material that is copyright protected property of another individual or entity. Some examples could be background music in a video or clips 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. [...]