When Creative Content Does Not Equal Copyrighted Content

David M. Adler will be addressing the Chicago Bar Association’s Media & Entertainment Committee on May 27, 2010 at 12:15 P.M. on the topic of Advising Clients When Creative Content Does Not Equal Copyrighted Content – Transactional & Litigation Strategies and Brief Review of the UrineTown case.

David Adler represented the Chicago stage play team who created, produced, and directed a local run of UrineTown.  In response to threatened lawsuit/s, the team filed suit against another team of producers who formerly staged the play in New York.  (Mullen v. SSDC, et. al.)

One of the key issues addressed in the lawsuit dealt with whether or not creative endeavors such as stage directing and lighting design could be considered recognized works of authorship under the U.S. Copyright Act and defend its denial of copyright registration applications filed by the Broadway production team.  Prior to settlement, the U.S. Register of Copyrights filed a motion to increase the time with which to enter into the case.  There are numerous implications with respect to copyright protection and how to best serve your clients interests.

Five Things To Know Now

  1. Creative Content. RIAA’s victory against LimeWire marks a major victory for content creators. Holding software companies responsible for copyright infringement occasioned by individual users is a huge incentive to the creative community’s use of the Internet as a platform for commerce.
  2. Personal Development. Find a Mentor. (One who can answer your questions.) Follow these steps: 1) Find Mentor, 2) Create a Shared Need (Do a market study); 3) Build a Vision statement; 4) Clearly define the goal; 5) Discuss your plan; 6) Write down the Dependencies, e.g. Open Issues, Risks, etc…; 7) Identify Stakeholders, e.g. Partners, Employees, Vendors, Service Providers, Government, Public/Private institutions; 8) Mobilize commitment; 9) Draft an execution plan; 10) EXECUTE; 11) In the immortal words of my father, Irv Adler: follow up, follow up, FOLLOW UP! (Monitor and Control your execution) 12) If its not working, go back to Step 5. [Excerpted from Execution, by Ram Charan]
  3. Entertainment. Monetizing Original Web Content Micro-transactions (iTunes or YouTube) are real revenue drivers for episodic web programming. Combine that with advertising and sponsorship and you have a winning model. Content has to be extraordinarily compelling. You can help a video go viral by making sure the right people see it and share it with their sphere of influence.
  4. Start-ups. You Don’t need a PR agency. You DO need know how to turn a good idea into a great message that can be easily told, and easily spread.
  5. Technology. Top Ten Blackberry Apps for Small Business.

|Safeguarding Ideas, Relationships & Talent®|

Executives face an often confusing and dynamic set of challenges trying to ensure that their business remains legally compliant.  Yet few can afford the highly-qualified and versatile legal staff needed to deal with today’s complex and inconstant legal and regulatory environment.

Adler & Franczyk is a boutique law firm created with a specific mission in mind: to provide businesses with a competitive advantage by enabling them to leverage their intangible assets and creative content in a way that drives innovation and increases the overall value of the business.

We approach our relationship with each client as a true partnership and we view our firm as an extension of their capabilities. Our primary value is our specialization on relevant and complex issues that maintain the leading edge for our clients. We invite you to learn more about the services we offer and how we differ.

Sincerely,

Adler & Franczyk, LLC

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