Blog Archives
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 [...]
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 [...]
Copyright Filing: Single or Compilation
Filing a copyright is relatively easy if you know what you are doing. Registration is accessible online via the United States Copyright Office (www.copyright.gov), and currently (as of February 2012) the online filing fee is $35.00 USD for most works. To start, one of the main reasons an Artist files a copyright is proof 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. [...]
Are unpaid interns legal?
Recently, two individuals who worked as ‘unpaid interns’ for the feature film The Black Swan filed a lawsuit against the film’s production companying arguing that the production company violated a variety of minimum wage and other labor laws through the hiring of unpaid help. The basis of the suit stems from the Fair Labor Standards [...]
What to consider in a Management Contract
Management agreements are not the most complicated agreements an Entertainer will face, but they are certainly among the most important agreements an Entertainer will sign. A personal manager is the closest member of an Entertainer’s team, and needs to understand the entertainment industry to be able to guide an Entertainer through the variety of pitfalls [...]
Why picking a good band name is important
Recently it was announced that the pop-rock band Hanson, yes that Hanson of teeny bopper fame in the late 1990s, plans to get into the beer brewing business this year. The brothers intend to make an IPA beer named MMMMHop, bringing back fond memories of their hit tune linked above. While first, we must commend [...]
First Sale Doctrine and Digital Content
Second hand stores, such as used CD stores and eBay, have been around for years and are able to operate under an exception to the Copyright Act named the First Sale Doctrine. Simply stated, this doctrine allows the legal purchaser of a copyrighted work to sell or transfer the copyrighted work to a subsequent buyer [...]
Who owns your Band?
Whether you are from Florida, Tennessee, or typically elsewhere, the law will presume each member of your band is a “general partner” when no written contracts are signed between the members. This means each member owns an equal portion of the band and has equal say in management decisions. This is important as some members [...]
Is it legal to be a tribute band?
Being in South Florida, one of the premier leisure and vacationing locations in the world, a wide variety of ‘celebrity impersonators’ come through our area to entertain tourists and locals at south beach clubs, retirement communities, cruise ships, and elsewhere. A fairly common question we get is, “(I)s it legal to be a tribute act.” [...]