Compulsory Licenses in the Music Industry

Posted by on Nov 7, 2011 in Art, Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Copyright, Entertainment, Intellectual Property, Music, News, Television | 0 comments Compulsory copyright license is the exception to copyright law. It is the government’s attempt to correct a market failure or a monopoly. A compulsory license allows a person to exercise one or more of the copyright’s exclusive rights without having to obtain the copyright holder’s permission. All the individual has to do is pay a licensing fee. This is why it is called a...
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The Importance of Conducting a Thorough Trademark Search

Posted by on Nov 6, 2011 in Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Intellectual Property, News, Trademark | 0 comments The problem with trademarks is the fact that they are literally the backbone of your company. Without it, you are just another business on the side of the road, unrecognizable and less likely to gain any type of following. Just as the trademarks can bring additional business to your company based on name recognition, consistent excellent quality of services and goods, and longstanding goodwill, a...
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SiriusXM is Looking to License Music Directly from Labels

Posted by on Nov 6, 2011 in Art, Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Copyright, Entertainment, Intellectual Property, Music, News | 0 comments There has been chatter in the entertainment industry with regard to SiriusXM’s recent attempt to directly license music from record labels. SiriusXM, a satellite radio, currently has a statutory license to play music and pays digital public performance royalties to a nonprofit organization called SoundExchange, which is a nonprofit organization designated by Congress pursuant to the 1995...
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Individual Publicity Rights

Posted by on Nov 5, 2011 in Art, Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Entertainment, Film, Intellectual Property, Music, News, Sports, Television | 0 comments Today, more and more individuals are becoming connected through the internet. People are given instant updates on celebrities, public figures, and even random people they may or may not know. The computer savvy are able to sell goods or services through websites online, and using celebrities and public figures to sell goods and services is becoming even more popular and more profitable! An...
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The Benefits of Federal Trademark Registration

Posted by on Nov 4, 2011 in Art, Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Entertainment, Intellectual Property, News, Television, Trademark | 0 comments When a party registers his or her trademark with the United States Patent and Trademark Office, presumptions come into play and infringement lawsuits become a lot more feasible from a financial standpoint. An infringement lawsuit is the only way to enforce trademark ownership and federal registration makes it much easier to win a federal lawsuit against later infringers. Federal registration make...
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Determining Trademark Ownership

Posted by on Nov 4, 2011 in Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Entertainment, Intellectual Property, News, Television, Trademark | 0 comments Trademark ownership is determined by who uses the mark first in a commercial setting. By simply using a name, logo, or other symbol to identify goods or services in the marketplace, a trademark has been created and trademark ownership has been established. There is no real difference between a trademark and a service mark. A trademark refers to any name, logo, symbol or other device used to...
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