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Archives for Columns

Royalties and Payments
Nothing is Free!

Record companies can make the once ordinary and everyday person morph into the next America’s Most Loved, Most Beautiful, or Most Sexy Person of the Year. Artists should know that record labels do not shell out money for wardrobe, stylists, dentists, plastic surgeons and etc. at no cost. You should consider these purchases as an advancement against your royalties. If you didn’t think about it before, reread your contract. Recoupments are the reason most megastars find themselves with a small paycheck during a pay cycle and later in bankruptcy court.

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Put It In Writing
Put It In Writing

Many of my entertainment clients seem to want to be more than artists, they also have a desire to be attorneys. Ok maybe not, but it seems that they may want to, because I repeatedly see people who have drafted their own legal documents or they have made an oral agreement with the other party. I also here of stories regarding money being forwarded to someone or some company, but there is no paperwork. As soon as I hear any of these scenarios I know that a problem is not far behind.

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Public Domain
The Public Domain: Royalty Free Music

At some point every song we have heard will fall into the public domain and be free for anyone to use. What is the public domain? This is an imaginary lace where music goes that is not protected by copyright. As I have stated in a previous are from the time your creation is fixed to a tangible medium of expression (i.e. music on a compact disc or lyrics on paper), you have a copyright in it, but you do not have the benefits of the copyright law until it is registered and a copy is on file with the U.S. Library of Congress. Is there an old song in which you would like to use its’ beat, tune, melody or any part of that song in your song? Most artists would probably answer yes. The first thing you must do is to figure out if the song is protected by copyright or if it is in the public domain.

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Trademark Registration

Do’s and Don’ts: Trademarks “Register Now, Don’t Wait!”

The quickest way to identify someone’s product is by their logo or their packaging design. This is why it is important for companies to protect their marks and identifiers by registering their marks. Companies spend millions of dollars on making their products unique. They understand that it is easier for consumers to identify a company’s product by their logo and the familiarity of a product’s design. So, companies solidify their goods and services with their trademarks and service marks. The United States Patent and Trademark Office states that the purpose of a TRADEMARK is to “protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods. Trademarks, unlike patents, can be renewed forever as long as they are being used in commerce” and a SERVICE MARK is “a word, name, symbol or device that is to indicate the source of the services and to distinguish them from the services of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are often used to refer to both trademarks and service marks.” There are criteria and requirements for registration that you should be aware of that we cannot possibly get into in this short article.

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Joint Works: Who Owns What???

Let’s start with the basics. Joint works are works that have been created by the joint efforts of two or more people. At the time of the creation of the work there was the intent that either creator wanted to merge their work with another person. When you have joint works, either author or creator can make non-exclusive deals with the entire work meaning they can license the ENTIRE WORK out to others, but they must pay the other creator his or her share of the proceeds. Each creator owns an interest in the entire work not just their contribution.

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