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Current Trends in Copyright, Trademark & Entertainment Law 

Legal and business commentary on intellectual property and the entertainment industry.
Post Frequency: 1.2/day Last Entry: May 09, 2014 at 10:32:58 Recent Entries: 237
By Tamera Bennett
Go to Current Trends in Copyright, Trademark & Entertainment Law, find other Intellectual Property Law blogs, or browse all law blogs.
UAE No Collection of Music Royalties; No Reciprocity
Posted on October 28, 2008by Tamera H. Bennett Posted October 28, 2008 Sometimes we exist in our own bubble and forget that the creators and copyright owners in certain other countries do not have the same benefits as creators and copyright owners in the US. I’ve been tracking the music business in the UAE (United Arab Emirates) which is a Middle Eastern [...
Google and Book Publishers Settle
Posted on October 28, 2008by Tamera H. Bennett Posted October 28, 2008 The Authors Guild, the Association of American Publishers (AAP), and Google today announced a groundbreaking settlement agreement on behalf of a broad class of authors and publishers worldwide that would expand online access to millions of in-copyright books and other written materials in the U...
Fair Use ?Holding Out For A Hero?
Posted on October 27, 2008by Tamera H. Bennett posted on October 27, 2008 The Rev. Fred Phelps’ church, known nationwide for picketing funerals of soldiers killed in combat, has been accused again of violating copyright laws, this time with an Internet video parody of the song “Holding Out for a Hero...
Are Public Domain Songs Used More In Film?
Posted on October 23, 2008by Tamera H. Bennett Posted October 23, 2008 Thanks again to the Copyright Law Twitter for the heads up on this article. Professor Heald, (visiting professor at the University of Chicago Law School) presented a paper this week that looked at a group of the most valuable musical compositions made between 1913 and 1932, and the frequency with [...
Dell & Universal Music Pre-Load PCs with mp3s
Posted on October 23, 2008by Tamera H. Bennett Posted October 23, 2008 In a press release issued today, Dell announces a partnerhsip with Universal Music Group to provide pre-loaded mp3 content for Dell PCs. As part of this unique offering, Dell and UMG have created 50 and 100-song music bundles starting at $25, each of which includes a curated selection of MP3s [...
When a Piece of Your Childhood Dies
Posted on October 22, 2008Posted October 22, 2008. In memory of my Daddy on his birthday. Tuesday, March 20, 2007 When a Piece of Your Childhood Dies Today we went to a funeral, and as funerals go, it was fairly normal: Christian songs (about hope), prayers, and lots of kleenex...
Motorcycle Gangs Own Trademarks?
Posted on October 22, 2008by Tamera H. Bennett Posted October 22, 2008 The Mongols are a motorcycle gang that have been accused of some not so nice things. Imagine the worst and then imagine some more. It was reported in the San Francisco Chronicle today that: A federal judge on Wednesday barred the Mongols motorcycle gang from wearing or distributing its trademarked [...
Grateful Dead Attorney Dies
Posted on October 22, 2008By Tamera H. Bennett Posted October 22, 2008 Hal Kant, the 30 plus year attorney for the Grateful Dead passed away this week. Probably 8 or 10 years ago I read an article in which Mr. Kant stated he could never present a contract to the members of the Grateful Dead if it was more than two [...
Lending Money on Music Row
Posted on October 22, 2008by Tamera H. Bennett Posted October 22, 2008 Interesting article on how the downturn in the economy is impacting the banking business in Nashville. Music publishing is still a safe bet for lenders. PS. I knew banker Lisa Harless when we both still had big hair...
No More 7 Second Delay For 7 Dirty Words?
Posted on October 20, 2008By Tamera H. Bennett posted October 20, 2008 On October 2, 2008 I was honored to be on a legal panel with Dale Head, Laura Prather and Scott Gilmore discussing the future of radio and its interaction with the music business at the 18th Annual Entertainment Law Institute in Austin...
Why ?Poor Man? and ?Creative Commons? Copyright Do Not Work
Posted on October 20, 2008by Tamera H. Bennett Posted October 20, 2008 Thanks to the Copyright Law Twitter from Prof. Michael Scott for this tidbit. The indie record label Quote Unquote Records uploads its artists tracks to the its webhost to give the music away for free on its website...
BlogCast: ?Barracuda? and the McCain/Palin Campaign
Posted on October 20, 2008Welcome to our inaugural Create Protect Podcast or what I feel is more like a “BlogCast.” We will be providing a summary of the BlogCast along with the audio right here on the blog. We welcome your questions, comments and ideas on how make this an educational tool you will use...
Product Placement Via Online Placement
Posted on October 20, 2008by Tamera H. Bennett posted October 20, 2008 Interesting post at the LA Times Blog regarding online product placement company Place Vine.
EMI Licenses Song Lyrics For Clothing Line
Posted on October 19, 2008by Tamera H. Bennett Posted October 19, 2008 Lyrics from songs controlled by EMI Music Publishing will soon be found on clothing U.K. retailer Sainsbury?s Tu Clothing. The agreement marks the latest in a series of initiatives from EMI Music Publishing?s Lyric brand, with art posters, greeting cards and board games launched in recent years...
CINDI LAZZARI ARTIST ADVOCATE AWARD
Posted on October 16, 2008SOLICITATION OF NOMINATIONS FOR THE CINDI LAZZARI ARTIST ADVOCATE AWARD The Texas Entertainment and Sports Law (TESLAW) Section of the State Bar of Texas is soliciting nominations for the recipient of the 2009 Cindi Lazzari Artist Advocate Award. The award is named for the late Cindi Lazzari, a Texas attorney who went far beyond the call [...
Band Instruments For Ike Victims
Posted on October 15, 2008by Tamera H. Bennett Posted October 15, 2008 The Grammy organization (NARAS) is collecting band instruments to help replace those destroyed by Hurrican Ike. If you have something to donate, please read the message and contact the organization directly...
McCain DMCA Take Down
Posted on October 15, 2008by Tamera H. Bennett October 15, 2008 There is a lot out there regarding YouTube taking down McCain’s political campaign videos because they use third party copyrighted material. Links to interesting reading: Link to the letter to YouTube from McCain PCMAG Electronic Frontier Foundation WIRED CNET
Google: Copyright Infringement In Germany
Posted on October 14, 2008by Tamera H. Bennett posted October 14, 2008 Bloomberg reports the Regional Court of Hamburg ruled on October 13, 2008 that Google’s use of thumb nail images is an act of copyright infringement. If you locate a copy of the opinion in English, please send me a link...
SongVest: Do You Really Own The Song?
Posted on October 14, 2008by Tamera H. Bennett Posted October 14, 2008 SongVest describes itself as “music memorabilia with royalty checks.” Add this to your collection?the music rights to your favorite song. SongVest is a music auction breakthrough that connects fans with the songwriters behind the music they love...
Trademarks In Vegas, May Not Stay In Vegas
Posted on October 13, 2008by Tamera H. Bennett October 13, 2008 Thanks to Las Vegas Trademark Attorney Ryan Gile for a great original post and update on the trademark dispute over “Plaza” between the owner of the Plaza Hotel & Casino in Downtown Las Vegas and the El-Ad Group, Ltd...
Copyright Week In Review
Posted on October 07, 2008by Tamera H. Bennett Posted October 7, 2008 I am honored to be guest blogging at the Ask Before You Act blog. If you would like to learn more about the The Enforcement of Intellectual Property Rights Act of 2008, Webcaster Settlement Act of 2008 (H.R...
Cassette: Goodbye My Friend
Posted on September 29, 2008by Tamera H. Bennett Posted September 28, 2008 My first new car was an ‘89 two-door, white Grand Am. It was the bomb, before we even knew things could be the bomb. Because I was starting a career in the music business my sister stuck-up for me on the additional expense of getting a cassette [...
The IP Czar Is In The Building ? sort of
Posted on September 28, 2008by: Tamera H. Bennett September 28, 2008 On Friday, September 26, 2008, the Senate approved bill S.3325 which creates an executive level “Intellectual Property Enforcement Coordinator” requiring Senate confirmation. The new IP Czar and her/his staff will report directly to the President and Congress on domestic intellectual property issues and is tasked with creating a nationwide [...
MIGHTY MOUSE FLIES TO COURT
Posted on May 21, 2008by: Tamera H. Bennett May 21, 2008 Man and Machine, Inc. sued Apple, along with CBS, for trademark infringement over the name of its wireless “Mighty Mouse” device. The Houston Chronicle reports today: Apple started selling computer mice under the name “Mighty Mouse” more than a year after Man & Machine Inc...
Raising Funds To Start A Record Label
Posted on May 02, 2008by: Tamera H. Bennett May 2, 2008 This is NOT our client. From the Fort Worth Star Telegram: Charles Ray Fuller must have been planning one big record company. The 21-year-old North Texas man was arrested last week for trying to cash a $360 billion check, saying he wanted to start a record business, authorities said...
Northern District-Texas: Copyright Filings 1st Quarter 2008
Posted on April 24, 2008By: Tamera H. Bennett and Stephanie A. Prince Below is a summary of some of the copyright cases filed in the Northern District of Texas during the first quarter of 2008. Northern District Arcadia(MSI) v. Univision Communications, Inc. (4:08cv023y) Arcadia, an Austrian company engaged in the business of publishing and distributing musical works along with Premier [...
Trademark Laches: It?s ?Greek? To Me
Posted on April 23, 2008by Tamera H. Bennett April 23, 2008 Forty-seven years ago Thomas Kenneth Abraham d/b/a Paddle Tramps started selling keepsakes to sororities and fraternities, featuring Greek letters and house insignia. Now the Greeks are saying stop it. A lawsuit in Southern Florida, naming Abraham as one of seven defendants, was dismissed April 1, 2008 because of lack [...
Seton Hall Call For Journal Articles
Posted on April 23, 2008by Tamera H. Bennett April 23, 2008 The folks over at Seton Hall Law Review requested I pass along the following information: Journal of Sports and Entertainment Law Call for Submissions! The Seton Hall School of Law Journal of Sports & Entertainment Law is seeking submissions for possible publication in future issues...
Congratulations Melody Wilkinson
Posted on April 09, 2008by Tamera H. Bennett Congratulations to our friend and colleague Melody Wilkinson on winning the run-off election for the republican nominee for judge of the Tarrant County, Texas 17th Judicial District. It was a close one. Twenty votes made the difference.
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Copyright Lawsuits: Critical Issues Before Filing Copyright
Federa Rule 11(b) Considerations
The following were selected from among the transactions complete by Wild Adventures Company during December of the current year. Dec. 3. Purchased merchandise on account from Miramar Co., list price $45,000, trade discou
Dec. 3. Purchased merchandise on account from Miramar Co., list price $45,000, t...
Can a pregnant worker be laid off ?
beating yourself about it wont help, neither will worrying if you are getting la...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
I am from MN and have had charges of shoplifting and i believe one was called Theft, all have been under $50. I didn't have a problem my whole life unto I suffered from an EatingDisorder which had mental and emotional an
This is what you have to do.
1. Take one day at a time and leave your past...
Is my non compete agreement valid? I'm starting my own business that would be competition for my employer
Each state has its own unique laws and rules about whether, when and to what ext...

The following were selected from among the transactions complete by Wild Adventures Company during December of the current year. Dec. 3. Purchased merchandise on account from Miramar Co., list price $45,000, trade discou
Dec. 3. Purchased merchandise on account from Miramar Co., list price $45,000, t...
Can a pregnant worker be laid off ?
beating yourself about it wont help, neither will worrying if you are getting la...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
I am from MN and have had charges of shoplifting and i believe one was called Theft, all have been under $50. I didn't have a problem my whole life unto I suffered from an EatingDisorder which had mental and emotional an
This is what you have to do.
1. Take one day at a time and leave your past...
Is my non compete agreement valid? I'm starting my own business that would be competition for my employer
Each state has its own unique laws and rules about whether, when and to what ext...








