Current Trends in Copyright, Trademark & Entertainment Law: Intellectual Property Law

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Intellectual Property Law

Current Trends in Copyright, Trademark & Entertainment Law

Legal and business commentary on intellectual property and the entertainment industry.
By Tamera Bennett

Post Frequency: 1.2/day

Last Entry: May 09, 2014 at 10:32:58

CREATE PROTECT BLOG Has a New Home

Posted on May 09, 2014
The CREATE PROTECT blog, also known as “Current Trends in IP and Entertainment Law,” has relocated to our fabulous new home. Click here to keep reading the blog. Snag our RSS feed in Feedly.

Who Controls Your Likeness? Balancing Right of Publicity and Free Speech

Posted on April 22, 2014
Just a quick note to let you know our blog has a new home. Click here for all the new content for the Create Protect blog and subscribe to the RSS feed. Originally Published in TEXAS LAWYER* Sharing photos has never been easier. From checking out Ellen Degeneres’ selfies at the Oscars to uploading family […]

BMG Rights Management Buys Hal David Song Catalog

Posted on March 01, 2014
As reported by BILLBOARD, BMG Rights Management acquired Hal David’s music publishing catalog at an estimated $42 million. Net publisher’s share is in the range of $3. 5 to $3.8 million and it is anticipated a multiplier of 11-13 times NPS was used to reach the purchase price...

Kind Sues Cliff For Trade Dress Infringement

Posted on February 24, 2014
Kind, LLC thinks new product packaging from competitor Cliff Bar & Company is an infringement on the KIND brand trade dress shown above. Currently Cliff Bar & Company packages their MOJO bar with a half-moon transparent opening. The proposed new packaging for the MOJO bar has a transparent cover separated by a non-transparent stripe...

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Drake Claims An Owl Design Is Not Protected by Copyright

Posted on February 20, 2014
Recording artist Drake was sued for copyright infringement for replicating a 3-dimensional “owl design” necklace. While no one person could ever claim exclusive rights to an owl on a piece of jewelry, the very nature of copyright allows the same idea to be expressed in many different ways...

Venom v. Venom in the Trademark World

Posted on February 19, 2014
NIKE, Inc. might end up in a choke hold in its trademark infringement battle against mixed martial arts clothing brand VENOM. NIKE has used the trademark VENOM for athletic equipment and apparel since 2002. And, NIKE has a U.S. trademark registration issued in 2003 for softball bats...

Entertainment Law Update Podcast ? Episode 47

Posted on February 11, 2014
Film/TV lawyer Gordon Firemark and Copyright/Trademark lawyer Tamera Bennett cover a “Motley Crew” of topics this month including trademark, copyright, film and tv legal issues surrounding the “Counting Crows,” “Raging Bull,” “Insane Clown Possee,” and “Sherlock Holmes” …...

Sherlock Holmes ? Some Copyright, Some Not

Posted on February 10, 2014
In a 10-month-long dispute between the Conan Doyle Estate and writer/editor Leslie Klinger, the trial court ruled 50 of the Sherlock Holmes stories, all published prior to 1923, are in the public domain. Ten stories published after 1923 are protected by copyright in the US...

Ambush Marketing ? Sochi Olympics 2014

Posted on February 10, 2014
Ambush marketing, the act of a product or service trying to attach itself to a big event without being an official sponsor of the event, is alive and well surrounding the Sochi Olympic Games. Here’s a round-up of news stories worth a read: American Apparel Strikes Marketing Gold – The company released a line of […]

Top Trademark/Copyright/Entertainment Law Posts of 2013

Posted on December 27, 2013
Just a quick note to let you know our blog has a new home. Click here for all the new content for the Create Protect blog and subscribe to the RSS feed. As we say goodbye to 2013, it’s always fun to look back and see what our readers enjoyed. There’s a great mix of […]

Part 2: BMG Rights Management Music Publishing Acquisitions

Posted on March 23, 2011
BMG Rights Management, formed in 2008 and jointly owned by Bertelsmann AG and Kohlberg Kravis Roberts & Co., spent 2010 acquiring one high-profile music publishing catalog after another. With the help of my legal intern, Abby Kweller, I am putting together a multi-part post summarizing the various acquisitions in 2010...

Music Business Panel at Denton ? 35 Conferette

Posted on March 08, 2011
Dallas and Fort Worth music lawyers team up for a “basics” music business legal issues panel on March 10, 2011 at Denton Banter as part of the Day Events for the 35 Conferette music conference. Music Business Legal Check List: Five Things You Better Think About and Do Sponsored by the Dallas Bar Sports and [...

Deals and Trends at MIDEM 2011

Posted on March 08, 2011
MIDEM 2011 wrapped in January, but the deals that were signed and forecasts given will have a long-term impact on the music publishing business. Thank you to my legal intern Abby Kweller for assisting with research on this project. Partial Listing of Deals: The Harry Fox Agency (HFA) announced the renewal of a licensing agreement [...

Entertainment Law Update Podcast: Beauty Pageants and Super Bowls

Posted on March 08, 2011
Film attorney Gordon P. Firemark and music lawyer Tamera H. Bennett have put Episode 18 of the Entertainment Law Update “in the can.” Catch up on Sheppard Fairey, Jimi Hendrix, and Hurt Locker litigation matters. New hot topics include litigation over the “Super Bowl” temporary seating, a Texas beauty queen dethroned, and Lady Gaga vs...

BMG Rights Management Music Publishing Catalog Acquistions

Posted on March 08, 2011
BMG Rights Management, formed in 2008 and jointly owned by Bertelsmann AG and Kohlberg Kravis Roberts & Co., spent 2010 acquiring one high-profile music publishing catalog after another. Since its founding, BMG Rights has inked more than 400 publishing deals, with at least 10 news-worth acquisitions in 2010 and two already in 2011...

Texas Trademark Lawyer Tamera Bennett on Small Business Trademark Disputes

Posted on February 09, 2011
Dallas-area based trademark attorney Tamera Bennett was interviewed and quoted in an article from Fox Business Small Business Center on selecting and defending a trademark. Thank you to the author of the article for allowing reprint rights for the the blog...

The ?Big Game? of Trademark Infringements?

Posted on February 02, 2011
With Super Bowl XLV a few short days away, and less than 30 miles from my office, trademark and copyright infringement of the Super Bowl trademark, and the teams’ trademarks and copyrights are top on my mind. If the “Clean Zones” I blogged about here do not slow down the infringers, the the weather here [...

Ambush Marketing and Super Bowl XLV

Posted on January 31, 2011
Ambush marketing, the act of a product or service trying to attach itself to a big event without being an official sponsor of the event, seems to be under control leading up to Super Bowl XLV in Arlington, Texas. The City of Arlington has been working since 2007 to comply with the NFL’s requirements to [...

The King?s Estate Sues Music Publisher Chrysalis Music Group

Posted on January 12, 2011
Elvis Presley Enterprises, LLC sued Chrysalis Music Group, Inc. in New York County Supreme Court for breach of a 2002 world-wide Music Publishing Administration Agreement. The Complaint makes for interesting reading and lays out the history of Elvis Presley’s songwriting career...

2010 Social Networking Legal Issues: Be Careful What You Tweet

Posted on January 11, 2011
I had a fantastic time chatting with the Women’s Section of the Tarrant County bar on some of the 2010 top legal cases that were based on social networking snafus. The article I wrote highlighting social networking and issues such as defamation, right of publicity, criminal law, jury selection, smart phones in the courtroom and [...

Will The Rio Olympic Committee Have Trademark Issues?

Posted on January 03, 2011
Trademark professionals…. are these two logos too close…. is there a likelihood of consumer confusion? Read more from Yahoo Sports. Would a consumer be confused that the source of the Rio 2016 Olympic games is the same source as the Telluride Foundation? How the marks look side-by-side is only one factor in determining a likelihood [...

Recording Artist and Songwriter Income Streams

Posted on November 22, 2010
Sometimes we need to step-back and have a music business 101 post. This link will take you to a summary on the four primary royalty streams in music publishing: mechanical, print, synchronization and performance royalties. This link is to a chart on the income flow related to a recording artist...

iTunes Has The Beatles: But No Garth, AC/DC, Kid Rock?..

Posted on November 17, 2010
It’s old news know that The Beatles tracks are available on iTunes. Read more from The Wall Street Journal on how the deal was done. There are still a handful of artists that have i) the creative control with their record labels, or ii) control their own masters and can determine when and how their [...

Do I Need A Music Lawyer?

Posted on November 17, 2010
Some of the best advice to give a person/band desiring a career in the music business is to hire a music lawyer. After that advice, the next question is “when.” When do I need to hire the music attorney? Before you call a music lawyer, Tamera recommends you read one or more books related to [...

New Recording Artist Checklist: What Every Artist Should Think About

Posted on November 01, 2010
I am excited to co-present with attorney Joe Stallone at the Dallas edition of Grammy GPS. Our topic “Legal Considerations for Every Aspiring Artist” is broad. Our 75 minute presentation will be fast paced and hit the high points on items new recording artists and folks breaking into the music business should consider...

Protecting the Texas Rangers and MLB Brands: Fake Merch Everywhere

Posted on October 31, 2010
With the World Series in full swing in North Texas, you know the “knock-off”/trademark infringing items are not far behind. To know if your t-shirt, cap or pennant is authorized by Major League Baseball check for a hologram sticker or holographic hang tag with raised-looking red baseball stitching...

Texas Grammy GPS: Music Business Professional Development

Posted on October 26, 2010
The Texas Chapter of the Grammy Organization is hosting “Grammy GPS” in Dallas, Texas on Monday, November 1, 2010. RSVP GRAMMY® GPS: A Roadmap for Today?s Music Biz Monday, November 1 Workshops 10:30 a.m. ? 4:30 p.m. Trammell & Margaret Crow Asian Art Museum (2010 Flora Street, Dallas, TX 75201) Join fellow music makers for [...

Entertainment Law Update Podcast Episode 14

Posted on October 19, 2010
Dallas Music Lawyer Tamera H. Bennett and Los Angeles Theater Lawyer Gordon P. Firemark discussed Mockumentaries, Downloads, Licenses, and First Sale issues in Episode 14 of the Entertainment Law Update Podcast. If you are a licensed California attorney, CLE credit hours are available...

Failure to Plan: The Estate of Bobby Fischer

Posted on October 19, 2010
Estate of Bobby Fischer As part of the materials for the 20th Annual Entertainment Law Institute held in Austin, Texas, I summarized several recent “estate” cases. The Bobby Fischer case is one that clearly falls under the category of “Failed to Plan...

Social Media Marketing Workshop In North Texas

Posted on September 07, 2010
Women Business Owners of North Texas is hosting a Social Media Marketing Workshop on Wednesday, September 14 from 11 am to 2:30 pm at The Pourhouse Sport Grill located at 3350 Unicorn Lake Blvd., Denton, Texas. Click here to RSVP. 11:00 – Registration 11:15 – Session One: The Real World of Social Networking for a [...