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Intellectual Property Law

Current Trends in Copyright, Trademark & Entertainment 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

Recent Entries: 237

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Part 2: Brown, Garcia & Hendrix? Estate Nightmares?

Posted on June 29, 2009
by Tamera H. Bennett with research assistance from Mitch Mitchell James Brown, Jerry Garcia, and Jimi Hendrix all held very different spots in the world of music and entertainment ….. Part one of this post on James Brown is here. Jerry Garcia The latest suit against assets once controlled by Jerry Garcia involves the trust holding the publicity rights [...


Michael Jackson?s Estate: What Happens Next?

Posted on June 26, 2009
by Tamera H. Bennett posted June 26, 2009 Music fans of all ages are mourning the loss of the King of Pop.  Almost everyone I chatted with today had a story about the first time they heard “Thriller” or saw the video.  I was in high school and stayed up to midnight to see “Thriller” on the [...


Entertainment Law Update Podcast 2

Posted on June 05, 2009
by Tamera H. Bennett Had another great time co-hosting the Entertainment Law Update Podcast with attorney Gordon Firemark.  You can hear, download and subscribe to the podcast here. Topics (with lots of links) include: Congratulations to Maren Christensen, Executive VP and General Counsel at Universal Studios,  who?s been named Beverly Hills Bar Association?s Entertainment Lawyer of the Year [...


A Sequel To Catcher In The Rye?

Posted on June 05, 2009
By Tamera H. Bennett Author J.D. Salinger, at 90 years-old, filed a lawsuit this week seeking damages for copyright infringement and an injunction against the writer, publishers and distributor of a sequel to “Catcher In The Rye” …. “60 Years Later: Coming Through the Rye...


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Earliest Known Sound Recordings Uncovered

Posted on June 02, 2009
by Tamera H. Bennett U.S. News and World Reports published an article this week on sound recordings that were made 20 years prior to Thomas Edison’s invention of the phonograph. Read the article for a  great piece of music and sound recording history about the phonautogram...


Copyright Office Improves Processing Time and Service

Posted on May 29, 2009
The message below was distributed the the US Copyright Office today. See my prior post on the topic here. Copyright Office Improves Processing Time and Service A recent Washington Post article focused on the lengthy processing times the Copyright Office is experiencing in wake of its transition from a paper-based to an electronic processing environment...


Texas Music Mini-Conference: History of Texas Music

Posted on May 28, 2009
On Saturday, May 30, Dallas Public Library?s Fine Arts Division will host a one-day conference on the history of Texas music. Twelve sessions will be offered covering a wide range of performers and styles, including Stamps-Baxter and Southern Gospel music, Texas blues, rock bands from the 60s, two noted women in Texas music, the Texas International [...


BLAWG REVIEW #212

Posted on May 18, 2009
By Tamera H. Bennett BLAWG REVIEW #212 “You Don’t Have To Call Me Darlin,’ Darlin’” When I teach music publishing classes or seminars I always give an example to explain the difference between an idea and the expression of an idea...


McDonald Not So McCurry

Posted on May 15, 2009
by Tamera H. Bennett An appellate court in Malaysia brought to an end an ongoing legal battle that began in 2001. McDonald?s corporation sued the owners of the McCurry restaurant in Kuala Lumpur claiming likelihood of consumer confusion between the McCurry name and the McDonald?s trademark...


Brown, Garcia & Hendrix? Estate Nightmares?

Posted on May 13, 2009
by James “Mitch” Mitchell and Tamera H. Bennett James Brown, Jerry Garcia, and Jimi Hendrix all held very different spots in the world of music and entertainment, though there is some arguable overlap given the extent of each one’s influence...


Woody Allen v. American Apparel Heats Up

Posted on May 13, 2009
By Tamera H. Bennett posted May 13, 2009 The lawsuit filed by actor/director Woody Allen over the unauthorized use of his image by American Apparel,  Inc. on the billboard shown below is heating up in preparation for trial scheduled to start next week...


Music Publishing Settlement MGMT -w- Sarkozy?s party

Posted on April 30, 2009
By Tamera H. Bennett Read my original post here regarding the use by French President Nicolas Sarkozy’s party of the song Kids by New York songwriters/recording artists MGMT. The settlement for uses outside of the scope of the license granted by SACEM was reported by one source at $47,860 US and another at $39,000 US...


Music Publishing A Good Investment

Posted on April 24, 2009
by Tamera H. Bennett Two hundred million dollars is just a drop in the bucket to purchaser classic song copyrights such as “The Sound of Music” and the “King and I.”  I guess that  is what Imagem Music Group, a Dutch pension fund, thought when they purchased the music publishing catalog containing  the hits and Broadway [...


Don Henley Files Copyright Infringement Lawsuit For Political Videos

Posted on April 21, 2009
by Tamera H. Bennett Songwriters Don Henley and Mike Campbell sued California Assemblyman Chuck DeVore, R-Irvine for copyright infringement for the alleged unauthorized use of the song “The Boys of Summer.”  Henley also filed sued for copyright infringement for “All She Wants To Do Is Dance” — which he penned himself...


Entertainment Law Update Podcast Episode 1

Posted on April 21, 2009
by Tamera H. Bennett Glad to be joining Entertainment attorney Gordon Firemark on the Entertainment Law Update Podcast. Episode One gives the listeners some insight into the following topics: SAG & AMPTP have arrived at a deal? The competing ?Octomom? trademark registrations Is giving a (loaded) iPod as a gift an act of copyright [...


Fearless Film Panel Music Handouts

Posted on April 18, 2009
by Tamera H. Bennett Planning on a great time today at the Music Panel in conjunction with the Fort Worth Fearless Film Festival.  I may add more links to the post after the presentation depending on any additional topics that are discussed. Music Clearance: This worksheet/form will help the film/tv producer work through how the song and [...


Octomom Trademark Dispute: Texas Trademark Attorney Tamera Bennett Interviewed

Posted on April 17, 2009
Posted April 17, 2009 Texas trademark attorney Tamera Bennett was interviewed yesterday by LAW360, an online legal newswire, to voice her opinions regarding the potential trademark dispute over trademark applications for the term “Octomom.” Stage Set For Tussle Over ‘Octomom’ Trademark By Jesse Greenspan Law360, New York (April 16, 2009) – A dispute could be brewing between a [...


?Octomom? Not First To File Trademark Application

Posted on April 15, 2009
Posted by Tamera H. Bennett April 15, 2009 The Smoking Gun website reports today that Nadya Suleman the woman who gave birth in January to eight babies filed two intent to use trademark applications for OCTOMOM on April 10, 2009. Ms. Suleman filed for the following goods services: (click on links to see USPTO docs) IC 016...


Entertainment Law Update Podcast Launching

Posted on April 14, 2009
Launching April 20th, Entertainment Law Update is an audio podcast featuring Entertainment lawyers Gordon P. Firemark and Tamera H. Bennett. Every month, our hosts and guests will survey the legal landscape of the entertainment industry, discussing the top cases and news stories of interest to lawyers and entertainment business professionals...


Privacy, Libel and Copyright Issues In Social Networking

Posted on April 09, 2009
by Tamera H. Bennett There has been a lot of chatter lately in social networking circles regarding 1) right of privacy; 2) copyright; and 3) libel. Right of Privacy: If I post something on FaceBook®, MySpace®, Twitter? or any other social networking site, do I have a right of privacy, such that my comments cannot be re-published?  A [...


Filmmaker?s Panelist Named: Fort Worth Fearless Film Festival

Posted on April 09, 2009
by Tamera H. Bennett posted April 9, 2009 The Fort Worth, Texas Fearless Film Festival announced winners and schedules here. Filmmakers? panels, new this year to the Fearless Film series, survey legal frameworks for as well as resources available to Texas filmmakers in three sessions Saturday, April 18 in the downtown Fort Worth library?s Chappell Meeting Room...


YOU CREATE. WE PROTECT. confusion with CREATE PROTECT

Posted on March 26, 2009
By Tamera H. Bennett posted March 26, 2008 The TTAB ruled today there is a likelihood of consumer confusion between the trademark YOU CREATE. WE PROTECT. for legal services and the stylized mark CREATE PROTECT for legal services. If you glance to the top right of your computer screen you will understand the importance of this decision to [...


?Live Like You Mean It? Possible Trademark Dispute

Posted on March 18, 2009
by Tamera H. Bennett posted March 18, 2009 The State of Wisconsin’s new slogan, “Live Like You Mean It,” has drawn a lot of attention from across the US.   Not tourist, but other folks claiming trademark rights in the same phrase. Gov...


The SIMS Foundation Receives 2008 CINDI LAZZARI ARTIST ADVOCATE AWARD

Posted on March 17, 2009
Austin, Texas.  On Wednesday March 18, 2009 Austin?s SIMS FOUNDATION will be awarded the 2008 Cindi Lazzari Artist Advocate Award for their tireless efforts in providing low-cost mental health services to musicians and their families. Cindi Lazzari was a well-known and well-respected music attorney in Austin, Texas...


NX35: Denton?s Music Conferette 2009

Posted on March 11, 2009
by Tamera H. Bennett Posted March 11, 2009 Denton, Texas, home of the the amazing North Texas Jazz Bands and great rock ‘n roll, is capturing acts as the make the pilgrimage to Austin for SXSW next week for its own music conference:  NX35. There will bands playing on eight stages at night and other music events happening [...


Fearless Film Festival Fort Worth 2009

Posted on March 11, 2009
by Tamera H. Bennett Posted March 11, 209 You have until March 15 to submit your short films (up to 20 minutes? length) in categories ranging from documentary and narrative to experimental, animation, dance, music-video and coming-attractions trailers to Fort Worth’s third annual Fearless Film Festival...


Is Shepard Fairey Transforming Copyrights?

Posted on March 06, 2009
by Tamera H. Bennett Posted March 6, 2008 Appreciate the folks at the Ask Before You Act blog including me in their panel of experts. My latest post at their blog attempts to answer the question “Is Shepard Fairey in the business of infringing copyrights or creating new transformative works?” The post also includes 20 links to various [...


Number 1 Pop Hits from Rockmasters International Administered by Bennett Law Office, PC

Posted on March 06, 2009
Dallas, Texas. It?s true, ?If You Wanna Be Happy?(#1 1963) dance til? a ?Quarter To Three?(#1 1961). The song and master catalog of legendary Norfolk Sound creator Frank Guida are re-born, digitally mastered, and available for licensing opportunities...


Why I Like Being A Texas Lawyer

Posted on March 05, 2009


Copyright Infringement and French Presidential Elections

Posted on February 25, 2009
by Tamera H. Bennett Posted February 25, 2009 Just this week I posted an update here on the dispute between Jackson Browne and John McCain over the use of the song “Running On Empty” in a campaign ad. The issue of using songs without permission in political campaigns has now moved to France...


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