Does ‘Thinking Out Loud’ infringe on ‘Let’s Get It On’? Continue Reading →
Arts Law
Recent Posts
Pre-broadcast review: Did you clear all the copyrights in your project?
|
No matter how small or simple the copyright, it must be cleared. Continue Reading →
Filed under: Arts Law
Can you sample legally without a license? Part II – The Saga Continues
|
After Drake ruling, we now have less legal clarity on issue than before. Continue Reading →
Filed under: Arts Law
The Fuss Over Pre-1972 Recordings: Is there a common-law performance right?
|
When lines between songs are blurred it could be copyright infringement
|
Songwriters whose hits sound too much like something else can get sued. Continue Reading →
Filed under: Arts Law
You are not the character: Copyright and character protection
|
On his current show, Stephen Colbert cannot play the ‘Stephen Colbert’ he played on ‘The Colbert Report.’ Continue Reading →
Filed under: Arts Law
Can you sample music legally without a license? Maybe …
|
The best practice is to always get a license, New Jersey lawyer says. Continue Reading →
Filed under: Arts Law
Copyright and trademark: The role they play in the entertainment business
|
Once a month, NJArts.net publishes an article on arts law written by an attorney associated with New Jersey Volunteer Lawyers for the Arts. Here is the article for May. In the world of entertainment, there is a major piece of property that you cannot touch or feel but you see it play out on a daily basis. This piece of property is the MVP (Most Valuable Property) and generates billions for the entertainment industry. At this point you might be wondering, “What property is this?” The property is intellectual property. Continue Reading →
Filed under: Arts Law
Law Tips: Obtaining trademark protection for an artist’s name
|
On the second Friday of each month, NJArts.net publishes an article on art law written by a volunteer attorney of New Jersey Volunteer Lawyers for the Arts.
Many times, artists or entertainers will wish to register their name as a trademark. This is more difficult than obtaining a traditional trademark registration for a brand name, but can be done if certain requirements are met. However, even if you cannot get a trademark in your name for one reason or another, remember that you still have your right of publicity to rely on to prevent someone else’s use of your name or likeness without your permission. CONSENT
In order to register your name, portrait, or signature as a trademark, the United States Patent & Trademark Office (USPTO) requires your written consent — so no one else can register your name as a trademark without your permission. The consent requirement also applies to the registration of a pseudonym, stage name, or nickname, if there is evidence that:
• the pseudonym, stage name or nickname identifies you and you are publicly connected with the goods or services in the application,
• the pseudonym, stage name or nickname is generally known, or
• pseudonym, stage name or nickname is well known in the field relating to the relevant goods or services. Continue Reading →
Filed under: Arts Law
Introducing a new column by New Jersey Volunteer Lawyers for the Arts
|
Legal tips for artists will be offered on the second Friday of every month. Continue Reading →