Artists House Music

cathyweeks
Oct-16-2014 4:08pm

Blog post submitted by: Vanessa Kaster, Esq., LL.M.

http://iplegalfreebies.wordpress.com/

Can I copyright my website’s content?

Yes – copyright is a form of intellectual property that protects original works of authorship including content on a website. For example, original text, videos, graphics, animation, photographs, music, sound recordings, illustrations, translations and other original content featured on a website can be copyrighted.

Two ways to use copyright to protect original content on a website are: 1) to use a copyright notice on the website, and

2) copyright registration with the U.S. Copyright Office.

A few points to keep in mind regarding copyrighting website content:

  • Using a date range in the copyright notice may be beneficial if new content is posted periodically.  For example, © 2011-2014 Ima Starr.  All rights reserved.
  • An application for copyright registration only covers the original content that is submitted with the application and will not include future updates.
  • If content on the website is updated frequently, it may be a good idea to file new applications for copyright registration periodically, as needed.
  • The author, creator, and owner of the content may or may not be the same person. This is an important component to consider and sort out before applying for copyright registration.
  • If the website features original creative content such as books, music, jewelry designs, photographs, architectural designs, fabric designs, photographs or other original works of authorship it may be a good idea to also register these works with the U.S. Copyright Office before making them available on the website.
  • Note, that copyright does not protect names, logos, titles or slogans. In some cases, these may be protectable as trademarks.

Here are links for more information on how to write a copyright notice, adding a copyright notice to a website and applying for copyright registration with the U.S. Copyright Office.

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

See also: U.S. Copyright Office Circular 66 titled, Copyright Registration for Online Works at http://copyright.gov/circs/circ66.pdf and U.S. Copyright Office on “What does copyright protect” at http://copyright.gov/help/faq/faq-protect.html#idea; @iplegalfreebies , www.plegalfreebies.wordpress.com and www.kasterlegal.com.

 

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cathyweeks
Oct-08-2014 10:59am

Blog post submitted by: Vanessa Kaster, Esq., LL.M.

http://iplegalfreebies.wordpress.com/

Copyright Infringement: may not feel illegal but it is

Three truths about copyright infringement:

  • Making bootlegged copies of copyrighted movies available online for other folks to download and stream is a crime: copyright infringement
  • The Motion Picture Association of America and other associations, artists and content owners spend time and money tracking down folks who are infringing their copyright
  • Comments posted to an online forum acknowledging copyright infringement can be incriminating (despite a gleeful or playful tone).

According to a recent article in the NY Times, one of the founders of NinjaVideo served 16 months in prison for conspiracy and criminal copyright infringement. For more details on the NinjaVideo story, see the NY Times Article titled, “The Unrepentant Bootlegger” by Jenna Wortham on 9/28/14.

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

Mentions iplegalfreebies « IP Legal Freebies Blog and www.kasterlegal.com.

 

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cathyweeks
Aug-01-2014 4:17pm

Using my photo? Did I inadvertently give rights away by posting it online?

Blog post submitted by: Vanessa Kaster, Esq., LL.M.

 http://iplegalfreebies.wordpress.com/ ; @iplegalfreebies

Using my photo? Did I inadvertently give rights away by posting it online?

It’s so easy and fun to share photographs online that folks often give away rights to their photographs without even realizing it.  HOW DOES THIS HAPPEN?  The terms, conditions and licenses that the photographer agrees to when posting a photograph to various social media and photo-sharing websites often grant other folks broad rights to use posted photographs.  Keep in mind that every social media and photo-sharing website has different terms, conditions and licenses that are agreed to automatically simply by USING the website and POSTING photographs and other content.  These terms, conditions and licenses are modified and updated frequently.

 Here is an interesting and fairly haunting example:  A photograph of a teenager was taken by her youth counselor and posted to his to Flickr account under a broad Creative Commons license that allowed others to use his work in any way, including for commercial purposes, if they credited the photographer. (See the inserted photo).  A slightly edited version of the photograph ended up in an advertising campaign for Virgin Mobil Australia. A lawsuit followed.

 THE TAKE AWAY: Read the terms, conditions and licenses that you are agreeing to when using and posting photographs and other content to social media and photo-sharing websites.  Most popular social media and photo-sharing websites, including FACEBOOKPINTEREST and TWITTER have fairly broad terms, conditions and licenses that change frequently.  Websites post their terms, usually at the bottom of the webpage. These same terms that often give other folks broad rights to use posted content,  also contain the steps to follow if your photographs or other content are being used without your permission on the site and you want to request that it be taken down.

 This post was inspired by a slew of social media comments about a friend of a friend’s photograph that ended up on t-shirts.

 BY: Vanessa Kaster, Esq., LL.M.

 For personalized legal services you are welcome to contact me at vk@kasterlegal.com

See also: Articles about the Virgin Mobil example above from the Sydney Morning Herald and The New York Times; photo of a Virgin Mobil Ad; Flickr’s Creative Commons licenses at https://www.flickr.com/creativecommons/; other blog posts on photo copyright at http://iplegalfreebies.wordpress.com/category/copyright-photos; @iplegalfreebies and www.kasterlegal.com.

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cathyweeks
Jul-18-2014 10:01am

Trademark: to keep bands called THE SUPREMES from popping up in every State

Blog post submitted by: Vanessa Kaster, Esq., LL.M.

http://iplegalfreebies.wordpress.com/ ; @iplegalfreebies

Trademark: to keep bands called THE SUPREMES from popping up in every State

“Yeah, I know and can appreciate what you do (as a trademark attorney working with musicians). Back in the day, different bands called THE SUPREMES were popping up in every State. You can’t have that.” A jazz musician friend said this to me the other day and it was music to my ears.

This is right on point. For a band like THE SUPREMES, who became the most popular female group of the Sixties, owning the trademark of their name grants the trademark owner (Motown Records and now Motown Records’ successor) the exclusive right to use the name “THE SUPREMES” for various music performance and recording services. [USPTO Reg. No. 1003076]. Owning the trademark rights in the name of your band grants the trademark owner the exclusive right to use the trademarked band name for specific uses – like music performance and recording services. This can be a tool to keep other bands or music groups from performing under the same name or a confusingly similar name without permission of the trademark owner.

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

See also: the USPTO TESS data base at http://www.uspto.gov/; a copy of the USPTO Certificate of Trademark Registration for THE SUPREMES, USPTO Reg. No. 1003076; The Supremes bio at http://rockhall.com/inductees/the-supremes/ ; Baby Love on YouTube at http://www.youtube.com/watch?v=23UkIkwy5ZM; @iplegalfreebies and www.kasterlegal.com.

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cathyweeks
Jun-19-2014 2:58pm

Blog post submitted by: Vanessa Kaster, Esq., LL.M.

http://iplegalfreebies.wordpress.com/

A new class of generic top-level domains (gTLDs) is rolling out, including “.nyc”!  This is a new domain for New Yorkers.  Here is a bit of information about the new .nyc domain from the official website: http://www.nic.nyc/about/  

Who Will Own .nyc?

  • Any New Yorker whose work, ideas and creativity are based in the City.
  • Locals who provide services, products or content to fellow New Yorkers.
  • Companies, organizations and individuals wishing to showcase the value of their location online.

When can I register a .nyc domain name?

It is currently expected that .nyc will launch as early as May 2014 with several registration phases.  

PHASE 1 (May 2014): Trademarks Sunrise (45 days - ending June 20, 2014)

An initial registration period open to  registered trademark owners.

PHASE 2 (June/July 2014): City Government-Affiliated Reserve List (30 days) / Sunrise Auctions

Registration period open to City government and government-affiliated .nyc entities.

PHASE 3 (August/September 2014): Landrush (60 days)

All businesses, organizations and residents with a physical address in the City will have an equal opportunity to register .nyc domains during the Landrush phase. There will be a slightly higher fee for registrations occurring during the Landrush phase. If there is only one application for a .nyc domain name during this period, the applicant for that name will be granted the registration. If there are multiple applications for a domain name during this period, however, an auction will be held to determine the registrant after completion of the Landrush period.

PHASE 4 (October 2014): General Availability

After the Landrush phase, all businesses, organizations and residents with a physical address in the City of New York shall be entitled to register .nyc domain names in real-time on a first-come, first-served basis. For the first ninety (90) days of General Availability, in the event that a domain name registrant applied for a domain name that is an exact match of a trademark appearing in the Trademark Clearinghouse, the registrant will receive a notice about that trademark during the registration process and asked whether or not it wishes to proceed with the registration. If it does, the name will proceed to registration, but may subsequently be challenged by the Trademark owner through an ICANN dispute resolution procedure if the name is likely to cause confusion with the trademark.

For more information see the Official Website at http://www.nic.nyc/  and http://www.nic.nyc/trademarks/.  

For folks outside of NYC, a new generic top-level domain may be launching in your area too.

 BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

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cathyweeks
Jun-10-2014 11:45am

One can love chicken & Bob Marley tunes (ONE LOVE trademark dispute settles)

Blog post submitted by: Vanessa Kaster, Esq., LL.M.

 http://iplegalfreebies.wordpress.com/

The ONE LOVE trademark dispute between Bob Marley’s estate and Raising Cane’s chicken finger restaurant raises some interesting trademark and copyright issues. According to Louisiana newspapers, the trademark dispute recently settled on undisclosed terms; however, the issue at the heart of the dispute is interesting.

 THE ISSUE: Trademarking someone else’s song title for restaurant services.

 THE STORY: In 2005, Raising Cane’s chicken finger restaurant obtained a USPTO registered trademark for ONE LOVE to be used to sell “restaurant services” (Reg. No. 3033511).  This same phrase ONE LOVE is part of the title and refrain to the famous Bob Marley tune, “One Love/People Get Ready,” recorded with his band The Wailers.  In 2007, Marley’s estate (represented by Fifty-Six Hope Road Music) applied for a USPTO trademark registration for ONE LOVE for “hotel, bar, and restaurant services” but was refused trademark registration because of the pre-existing ONE LOVE trademark registered to Raising Cane’s for similar services.  (A likelihood-of-confusion refusal).  The dispute escalated, the courts became involved and evidently the parties recently settled on undisclosed terms.

 THE SCOOP: As demonstrated by this series of events, the title of a song will not necessarily block or cancel a USPTO trademark application or registration.  Songs and original music are protected by copyright laws; however, copyright protection does not extend to short phrases and titles.  The USPTO trademark registration system is available for protecting short phrases.  Timing of a USPTO application is also a determinative factor.  For example, if Bob Marley’s estate had applied for a ONE LOVE trademark to be used with restaurant and related services BEFORE Raising Cane’s applied for it, then the outcome would likely be reversed and Marley’s estate would have blocked Raising Cane’s trademark application.

 BY: Vanessa Kaster, Esq., LL.M.

 For personalized legal services you are welcome to contact me at vk@kasterlegal.com

 See also: “One Love” dispute transfer order at http://www.scribd.com/doc/206584538/One-Love-dispute-transfer-order; an earlier blog post: Title Copycats; News articles: Raising Cane’s, Bob Marley estate reach agreement by Joe Gyan Jr, Bob Marley’s estate’s legal saga over Raising Cane’s ‘One Love’ to play out in Louisiana by Emily Lane on 2/11/14, and Raising Cane’s, Bob Marley’s estate settle ‘One Love’ slogan dispute by Diana Samuels on 5/23/14; the USPTO trademark search at http://www.uspto.gov/; @iplegalfreebies and www.kasterlegal.com

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