Entertainment Law Initiative Luncheon Set For Feb. 8 | GRAMMY.com
The GRAMMY Foundation announced today that the keynote discussion at the 15th Annual Entertainment Law Initiative Luncheon & Scholarship Presentation
Colorado IP and entertainment lawyer David Ratner forms ‘Creative …
‘Creative Law Network,’ a Denver-based law firm, will focus on small to mid-size businesses and artists.
Florida Bar Hosts Entertainment Law Event | Billboard
NEW YORK–The Florida Bar Assn.’s Entertainment Arts and Sports Law Section will host its sixth annual legal symposium on music, film and TV on March 26.
UNH Law to debut sports and entertainment law institute
Concord Monitor
The University of New Hampshire’s School of Law will open a Sports and Entertainment Law Institute next fall, giving students the opportunity to focus their studies for a law career in either field.
Entertainment lawyer Mike Novak dies
The Macomb Daily
For nearly three decades, Mike Novak’s name was synonymous with entertainment in the Detroit area. During his career the Troy-based attorney, a resident of Grosse Pointe Shores, represented the likes of artists such as Bob Seger and Kid Rock.
Use a Law Degree to Enter Environmental or Entertainment Fields
U.S. News & World Report (blog)
If you have a question about law school, E-mail me for a chance to be featured next month. This week, I will address questions from readers about pursuing environmental and entertainment law.
Fashion Law News
Minnetonka’s Trademark Suit Against Target Tip-Toes Away http://t.co/sF6vtszP via @FemmeLegale
VIDEO: First Ever Northern California Fashion Law Panel Produced …
First Ever Northern California Fashion Law Panel
David M. Adler, Esq. is a 2012 Illinois SuperLawyer, author, educator, entrepreneur and partner with Leavens, Strand, Glover & Adler, LLC, a boutique law firm in Chicago, Illinois created with a specific mission: provide businesses with a competitive advantage by enabling them to leverage their intangible assets and creative content in order to drive innovation and increase overall business value.
In today’s business world, web sites are no longer simply a static online presence. Today’s web sites are highly interactive and often make use of content (photos, text, images, videos, etc.) that have bee uploaded by visitors and registered users. With the speed of search engines, social networking platforms and mobile computing technologies, any online problem can quickly have far reaching effects well beyond the initial issue.
In order to ensure that web site operators may make as broad a use of this content as possible and that these web sites do not violate the rights of those whose content has been uploaded, many web site have Terms of Use that contain intellectual property licenses, assignments and indemnifications.
A recent federal District Court in Maryland examined whether the mere act of uploading photographs to a website met the requirements of forming a valid electronic contract sufficient to assign copyrights in the photographs under Section 204(a) of the Copyright Act, which requires assignments to be in writing and signed by the assignor.
In Metro. Reg’l Info. Sys., Inc. v. Am. Home Realty Network, Inc., No. 12-cv-00954 (D. Md. Nov. 13, 2012) the defendant argued plaintiff could not state a claim for infringement on the photographs because the assignments of these photographs to plaintiff were void. Defendant argued that the web site Terms of Use Agreement (“TOU”) and the electronic process in which subscribers assigned copyrights in the photographs to plaintiff did not comply with Section 204(a) of the Copyright Act. The Court disagreed.
The Court first looked at Section 204(a). That section provides that “[a] transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent.” 17 U.S.C. § 204(a). The Court then turned to the Electronic Signatures in Global and National Commerce Act (“E-SIGN”), 15 U.S.C. §§ 7001 et seq., to reject defendant’s argument that the assignments were invalid. E-SIGN provides, in relevant part:
“[n]otwithstanding any statute, regulation, or other rule of law . . . with respect to any transaction in or affecting interstate or foreign commerce–
(1) a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form; and
(2) a contract relating to such transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation.
15 U.S.C. § 7001(a).
“The term ‘electronic signature’ means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.” Id. § 7006(5). The Court concluded that the TOU was clear in its terms and that the electronic process by which subscribers assigned the copyrights in the photographs met E-SIGN and Section 204(a) requirements. Accordingly, the Court held that the assignments were not invalid as a matter of law.
By Talya Minsberg A new Israeli law prohibits fashion media and advertising from using Photoshop or models who fall below the World Health Organization’s standard for malnutrition. When a 14-year-old girl delivered a 25,000-signature petition this week to Seventeen asking them to curb their use of Photoshop, the magazine issued a press statement that congratulated the girl on her ambition but was conspicuously silent on changing their editorial practices.
So, culturally and historically, the reason women care so much about fashion is that until very recently, we weren’t allowed professional, legal or vocal ways of expressing ourselves. Fashion was a way of articulating our feelings about ourselves.
The legal and regulatory environment impacting social media is constantly evolving. Here is a collection of recent articles impacting everything from law enforcement use of social media to new legislation.
A social media tip line for police
Boston.com
“Use of social media has provided an additional outlet for people to interact with law enforcement” says Lauri Stevens – founder of LAwS Communications, a consulting company that helps law enforcement agencies expand into social media.
Social media limits and the law
Monterey County Herald
Leland Yee, a San Francisco Democrat, introduced a bill that would prohibit employers, public or private, from requiring or requesting in writing a prospective employee to disclose user names or passwords for personal social media accounts.
Ariz. bill says unlawful to ‘annoy’ others online
BusinessWeek
“Speaking to annoy or offend is not a crime,” Media Coalition Executive Director David Horowitz said. Horowitz said if the proposal becomes law, speech done in satire, political debate or even sports trash talking could get people in unnecessary legal trouble.
Social Media in China, Innovation
Washington Post
Apr. 2, 2012 – April 2 (Bloomberg) — Vivek Wadhwa, fellow at Stanford Law School and head of academics at Singularity University, talks about social media in China and innovation.
UAE legal experts want libel to apply to social networking sites
GMA News
Claiming that Facebook, Twitter and other social networking sites can be used to spread rumors and false information, the legal community in the United Arab Emirates (UAE) is seeking that libel laws be applied to offenders on the Internet.
Is Your Facebook Password Like Your Mail, House Key, or Drug Test?
The Atlantic
A day after it was proposed, the amendment was voted down — almost entirely along party lines — thus closing one door to social media privacy legislation, at least on the national level. (There are similar social media privacy laws — full bills, …
Sponsor: Arizona bill isn’t aimed at Internet trolls
CNN
The fear is that the bill would prohibit hateful comments on news and social-media sites, amounting to a ban on so-called Internet trolling. The problem: The bill won’t do any of that, its sponsor told CNN on Wednesday. “I think they’re absolutely …
How Family Law Attorneys Use Social Media Evidence [Infographic]
PR Web (press release)
Family Law Attorneys Dishon & Block formally released today an infographic that illustrates how attorneys use social media to collect “smoking gun” evidence for divorce and child custody cases. With the advancement in technology and modernizing of laws …
See all stories on this topic »
PR Web (press release)
David M Adler, noted entertainment and creatival arts lawyer will be participating in the Visiting Artist Series with Reginald Lawrence (Shepsu Aakhu).
Tuesday, April 10, 2012 11:50 – 1:30 pm
DePaul Center – Room 80051 E. Jackson Blvd.Chicago, IL 60604
Lunch will be served.
Visiting Artist Reginald Lawrence (Shepsu Aakhu) will discuss the legal issues that he has faced in his multi-dimensional career as a playwright, producer, director, and arts educator. In particular, he will focus on the life cycle of a theatrical production from dealing with authors to hiring actors, directors, and crew to mounting the finished production. He will share his perspective on legal questions related to collaboration, intellectual property, and production credit.
Leading Chicago arts lawyer David Adler will join in the conversation, and Professor Margit Livingston will moderate.
For more information on the Visiting Artist Series, please click here.
Registration: General registration is $25 for the 1.5 hour CLE discussion. To register, please visit http://www.regonline.com/reginaldlawrence.
DePaul students, faculty, and staff can register to attend for free by emailing Cecelia Story at cstory@depaul.edu.
DePaul University College of Law is an accredited CLE provider. This event has been approved for 1.5 CLE credits.
What is this case really about? Judge Colleen McMahon notes in her opinion that “this case is not about whether Jack Kirby or Stan Lee is the real ‘creator’ of Marvel characters, or whether Kirby (and other freelance artists who created culturally iconic comic book characters for Marvel and other publishers) were treated ‘fairly’.” Rather this case is about “whether Kirby’s work qualifies as work-for-hire under the Copyright Act of 1909, as interpreted by the courts.”
On Thursday, Judge McMahon ruled that the heirs of the late Jack Kirby, creator and co-creator of the well-known Marvel Comics superheroes such as Fantastic Four, X-Men, the Hulk and more, have no legal claim to the copyrights of those characters.
Despite press efforts (including two pieces in the New York Times) to characterize the proceeding as “unfair” to the artists and creators upon whose labors companies profited, the decision reflects long-standing law that vests ownership of certain creative works in the company that commissions them as a “work-made-for-hire.”
ABOUT THE AUTHOR
David M. Adler, Esq. is an attorney, author, educator, entrepreneur and partner at the boutique intellectual property, entertainment & media law firm LEAVENS, STRAND, GLOVER & ADLER, LLC based in Chicago, Illinois. My responsibilities include providing advice to business units and executives on copyright, trademark, ecommerce, software/IT, media & entertainment and issues associated with creating and commercializing innovations and creative content, drafting and negotiating contracts and licenses, advising on securities laws and corporate governance and managing outside counsel. Learn more about me here: http://www.ecommerceattorney.com and here: Leavens Strand Glover & Adler, LLC
Here are five interesting articles to look at this weekend.
1. Copyright Fair Use Gets a Boost. Last Friday, the federal district court in Nevada held that the non-profit organization Center for Intercultural Organizing’s posting of a copyrighted news article was a non-infringing fair use. The well-reasoned opinion sets a powerful precedent for fair use and against copyright trolling. http://www.eff.org/deeplinks/2011/04/righthaven-v-cio-it-s-hard-out-here-troll
2. Proper Authentication of Social Media “Evidence” Used at Trial. The Maryland Court of Appeals in the case of Griffin v. State examined a relatively new social media legal issue: determining the appropriate way to authenticate at trial electronically stored information printed from a social networking site. http://www.marylandinjurylawyerblog.com/2011/04/the_maryland_court_of_appeals_2.html
3. Commercial Privacy Bill of Rights Act of 2011 Does Not Spell Do Not Track. Although the proposed law requires disclosure of “clear, concise and timely notice” of a company’s privacy policies and practices regarding the collection, use and distribution of personally identifiable information, the bill does not include specific authorization for a do-not-track mechanism. http://www.itbusinessedge.com/cm/blogs/bentley/senators-formally-introduce-online-privacy-bill/?cs=46477
4. Is Your Web Site Eligible For Trade Dress Protection? While Copyright law protects certain original expression from unauthorized copying, Trade dress law protects commercial use of certain distinct features in connection with a product or service. When consumers associate such “look & feel” features with a product or service, trade dress protection exists. Protection has been extended to the packaging of a product, the décor of restaurant, the design of magazine covers, and even kiosk displays.
In Conference Archives v. Sound Images, 2010 WL 1626072 (W.D. Pa. Mar. 31, 2010), a federal district judge in the Western District of Pennsylvania suggested that under the concept of “look and feel,” trade dress law can reach beyond static elements on a website, such as photos, colors, borders, or frames, to include interactive elements and/or the overall mood, style, or impression of the site since a graphical user interface promotes the intuitive use of the website.” Conference Archives, 2010 WL 1626072 at *15.
David M. Adler, Esq. is an attorney, author, educator, entrepreneur and founder of a boutique intellectual property law firm based in Chicago, Illinois. With over fourteen years of legal experience, Mr. Adler created the firm 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. Learn more about me HERE and HERE
David M. Adler, Esq. & Assoc.: Safeguarding Ideas, Relationships & Talent®
While small businesses often need some legal advice, they can’t always find a professional with the right expertise at a budget the small business can afford. Since small businesses usually don’t need lawyers that often, when it comes time to review a contract, buy out a partner or protect their brand and trademark, they often don’t know where to start. The purpose of this article is to give executives a business owners a guide on how to ask a prospective lawyer the right questions to get the service one needs at a price that one can afford.
To get answers to questions about hiring a lawyer, please select one of the links below.
Lawyers are highly-trained professionals who counsel individuals and businesses in a full range of personal and corporate legal matters. Many business transactions have legal implications, so you should try to find a lawyer whom you can treat as a trusted advisor. These questions are designed to help you choose the right lawyer for your situation.
What can a lawyer do for me?
Lawyers provide legal guidance. This doesn’t mean that they can make your business decisions for you. A lawyer should identify legal issues of concern to you or your small business, tell you what the law says about these issues, and advise you on how to address them.
How can a lawyer help me in setting up a business?
A lawyer can:
Explain the advantages and disadvantages of a sole proprietorship, a partnership or a corporation;
draft a partnership agreement or incorporate your company;
review financial documents for your business such as a loan;
review leases of premises or equipment;
act for you in the purchase of property;
review franchise agreements;
draft standard form contracts for use in your business;
advise you how to best protect your ideas, trademarks, designs and know-how.
How can a lawyer help when my business is up and running?
A lawyer can:
help you negotiate contracts and put them in writing;
advise you on hiring and firing employees;
advise you about doing business in other provinces and countries;
help you collect unpaid bills;
defend any lawsuits against you;
advise you about taxes.
If I decide to get out of business, how can a lawyer help me?
A lawyer can:
help you sell your business;
help you sell you ownership interest if you are one of several owners;
arrange for the transfer of the business to your children;
dissolve a corporation or LLC.
When do you need a lawyer?
The recommended approach is to seek the advice of a lawyer whenever a legal issue arises that involves your business. Since it is not always clear when that happens, many problems are solved without resorting to lawyers. When an issue arises, you must first decide whether you need a lawyer at all. In order to know if you should solve your problem on your own, ask yourself the following questions:
What are the consequences if you are unsuccessful?
How complex is the law in your situation?
Do you have the time and energy?
If you are still unsure, some outside professionals, advisors or para-professionals may be useful:
Check with your Board of Directors or Board of Advisors; they can provide information about the steps they went through and the resources they used in solving their problems. Contact government and non-profit organizations for income tax, legal aid, consumer protection, employment standards, etc.
Check with other professionals: accountants, bank officers, insurance agents. For some routine matters, legal assistants, para-legals and notaries public are useful. While not allowed to give legal advice, they can provide added value in familiarity with standard corporate forms and filing requirements.
Also, don’t forget public libraries, legal aid services, student legal services, small claims courts, reading self-help books and other resources such as books, pamphlets and videos.
How do I contact a lawyer?
Give him a call. Most lawyers are happy to steer people in the right direction and calm fears about the legal process. There are several advantages to this approach. The main one is that a lawyer can quickly cut to the heart of your problem, distinguish between legal and non-legal problems. Another advantage is that you usually will not be charged for this phone call. Finally, a lawyer will not only keep your problem confidential, but has the ability to assess it from a less emotional perspective.
Please feel free to call us at (866) 734-2568 should you have any questions.
How do I find a lawyer?
First, try to identify the areas of law in which your problems fall so that you can find a lawyer capable with dealing with all these areas. Some of the main areas of legal practice linked to business are:
Corporate/commercial/securities law (incorporation, buying/selling a business, drafting shareholders/partnership agreement)
Labor/employment law (negotiating and interpreting collective agreements, resolving disputes, explaining obligations, advising about restrictive covenants, dismissals)
Civil litigation law (suing, being sued, collecting debts, negotiating and settling)
Real Estate law (buying or selling land or property, negotiating a lease, solving landlord/tenant disputes, mortgaging property)
Wills and estates (drafting or challenging a will, probate)
What should I ask a prospective lawyer?
Some questions you should ask a prospective lawyer are:
How many years are you in practice?
How long have you been with your current firm?
What areas of law do you practice?
Are you a partner or an associate?
Time and accessibility
How quickly can I expect a resolution?
When can we meet?
How much can I expect top pay?
How do you charge for your services?
Do you provide your clients with a detailed written statement of fees?
Do you charge anything for the first meeting?
Do you communicate via telephone, cell phone, fax or email?
How can I help my lawyer?
Ways you can help your lawyer include:
Be honesty and open
Tell the lawyer all the facts, even the ones that you think are “bad”.
Keep your lawyer up to date on any events or any changes relating to your file.
Ask for advice in plain language and summarize how you understand it.
Ask to be directed to any reading that you could do to better understand.
Ask for a description of the steps your lawyer plans to take and think about the way you could help at each step.
Stay informed and keep track of what transpires on your file.
Take notes at all meetings and list tasks to be completed.
Ask for copies of all correspondence on file.
Have confidence in your lawyer’s advice and follow his/her instructions.
Do not harass your lawyer. If you need more attention, discuss way in which he/she can keep you informed.
Be prepared to accept both positive and negative advice.
Never do anything concerning your case without consulting your lawyer.
Provide information to your lawyer as soon as possible after he/she requests it.
Pay your bills on time and be available if your lawyer needs you.
How do lawyers calculate their fees?
Depending on the complexity of the issues, the services required, and the degree of experience of the lawyer, fees can be charged in different ways:
Billed hourly: charged a rate for the time they spend working for you (e.g. the time spent reading a letter or talking on the phone).
Flat Fee: charge a flat rate for a particular matter, usually when they can predict how long the work will take: incorporations, trademarks.
Contingency Fee: in some matters, the lawyer’s fee will be a stated percentage of the amount of money collected from the lawsuit.
Retainer: provide a range of specified services for a fixed monthly or annual fee.
In addition, lawyers will also bill for disbursements such as long distance phone calls, photocopies, document filling fees, experts’ reports and travel expenses.
Safeguarding Ideas, Relationships & Talent®
Executives face an often confusing and changing 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.
We look forward to the opportunity to discuss any questions you may have regarding the range of business, technology and intellectual property services we offer. Please feel free to call us at (866) 734-2568 should you have any questions.
How I do to stop others from using my Trademarks on eBay?
eBay is one of the world’s leading online marketplaces. It’s a place where “anyone can trade practically anything.” As a result, eBay has enjoyed widespread use from both legitimate and illegitimate merchants. eBay does not authenticate merchandise before sale. Unfortunately, unscrupulous sellers use eBay to auction off inferior branded-products, whether passing them off as genuine or claiming that they are fake, faux, replicas or look-alikes. Manufacture and sale of these goods can constitute counterfeiting, a crime and a civil action punishable under federal and state laws with steep penalties.
eBay has created a program to help rights owners report auction listings that infringe their rights. This program is called the Verified Rights Owner (VeRO) Program, and includes “companies and individuals representing every type of intellectual property – from major software companies to video game developers to rock bands to luxury good manufacturers.” Any intellectual property (such as a copyright, trademark or patent) rights holder whose rights may be infringed by listings or items sold on eBay may participate in the Program.
If you have a good faith belief that a listing on eBay infringes your copyright, trademark, or other intellectual property rights, download eBay’s Notice of Claimed Infringement (NOCI) form, fill it out, and fax it to eBay.
Create an About Me page. You can create a free “About Me” page on eBay to communicate directly with eBay users about your company, your products and the intellectual property rights you own. eBay will include it in its list of VeRO Participant About Me pages.
Here are some suggested statement that should be on your eBay VeRO page:
BUYER BEWARE: Most of the purported YOUR BRAND NAME HERE products and packaging available on eBay is counterfeit.
Genuine, new BRAND merchandise is available only through BRAND stores and boutiques, BRAND catalogs and via the web at http://www.——.com. BRAND carefully controls distribution of its high-quality merchandise.
Unfortunately, unscrupulous sellers are auctioning on eBay inferior products marked with the BRAND trademarks, whether passing them off as genuine or claiming that they are fake, faux, replicas or look-alikes. Manufacture and sale of these goods in any such case constitutes counterfeiting, a crime and a civil action punishable under federal and state laws with steep penalties.
BRAND marketing materials are graphically distinct, appealing and copyrighted.
Unauthorized use of BRAND photography and graphics constitutes copyright infringement.
BRAND has established a worldwide reputation for its products. It has invested significant time, effort and money over more than ##### years to promote its trademarks and trade name BRAND and its distinctive packaging. As a result of these efforts, the BRAND trademarks and copyrights have enjoyed widespread fame and recognition throughout the world.
The Company works diligently to protect its reputation for providing the highest quality products and to protect its customers from duplicitous sellers who offer fake merchandise that is inferior to genuine BRAND merchandise. BRAND files lawsuits and works closely with law enforcement, the F.B.I., customs and investigative agencies to protect its intellectual property rights.
Q: Why was my auction suspended/cancelled? A: BRAND has a good faith belief that the merchandise that you posted for auction or sale is counterfeit or otherwise infringes BRAND trademarks or copyrights.
Q: Why did eBay allow me to post my auction? A: eBay does not authenticate merchandise before sale.
Q: How can I tell if the item I offered or purchased is real? A: The only way you can be certain that you are purchasing a genuine BRAND product is to purchase it from a BRAND retail store, via our website (www.—–.com) or though a BRAND catalogue. BRAND stores do not authenticate merchandise. A good jeweler or appraiser may be able to do this for you.
Q: Why can’t I use BRAND graphics to sell my merchandise? A: BRAND marketing materials are protected under copyright law. Unauthorized use or reproduction is strictly prohibited.
About The Author
Safeguarding Ideas, Relationships & Talent®
Executives face an often confusing and changing 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.
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.
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