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DEVELOPMENTS IN COPYRIGHT & THE JEWELRY INDUSTRY

By: The Jacobson Firm, P.C. It has long been the law that a copyright infringement claim involving jewelry designs requires the party alleging infringement to prove that its design is 1) protectable under copyright law; 2) that the alleged infringer had access to the copyrighted work; and 3) that the infringer’s design is “substantially similar” […]

INTELLECTUAL PROPERTY 101

By Jeffrey E. Jacobson & Justin M. Jacobson Intellectual Property Law is a fancy term that has been much used in the last decade. Simply stated it includes the laws of patents, trademarks, copyrights and unfair competition. Intellectual Property is concerned with the protection and exploitation of creations. Copyrights cover the expression of ideas in […]

Assess Your Assets: What Entertainers And Athletes Need To Protect Themselves

By Justin M. Jacobson, Esq. Picture this, you’re an unmarried professional athlete, no spouse; but, you have three children with three different women and no will. Upon your death chaos ensues, as no specific individual is seen as your “surviving spouse” under the law; so, now the three mothers of the three children have no […]

Copyrights In Music

By Justin M. Jacobson, Esq. We have previously explored the reasons to register a copyright (http://www.hypebot.com/hypebot/2015/09/why-you-still-should-register-a-copyrighted-work.html) and the procedures to effectuate it.  In this article, we will explore copyright law as it specifically relates to the music industry to ensure the proper exploitation and monetization of an artist’s finished song. For a work to be […]

Comics Law: How to Avoid Getting Screwed in a Work-For-Hire Job — or How to Keep Your CopyRIGHTS

By Jeffrey E. Jacobson, Esq. Do you want to create a new superhero? Do you dream about a job in the majors? Did you ever think, or even guess, no less speculate, that once you had both, you still would not own the rights to your creation? One of the most important concepts of copyright […]

“Beats For Sale.” Now What? – A Look At Some Of The Legal Issues

By Justin M. Jacobson, Esq. The rapid rise of the internet and the ease of world-wide instant peer-to-peer communications have provided many upcoming artists with new opportunities to monetize their unreleased, original works.  The use of social media and the internet has made it possible for aspiring music producers, vocalists and musicians to instantly spread […]

Basics of New York Business Formation – Corporations and L.L.C.s in New York

By The Jacobson Firm, P.C. While there are many potentially lucrative benefits to forming your own business, without proper planning there are just as many potential downfalls. Here, we will discuss the basic legal implications that you should consider before creating your own company. The two most popular limited liability business entities in New York […]

Bands, Brands & Artist Names – Own Them Or Risk Losing Them.

By Justin M. Jacobson, Esq. An artist, band or brand name is one of the most important, if not, the most important feature in an individual’s career. Therefore, ownership and prior proper clearance of a particular name is prudent; and, generally, the creator should apply for trademark or service mark in their artist, band or […]

Trademark Rights In A #HashTag

By Justin M. Jacobson, Esq. As social media and digital marketing and promotions continue to dominate the business world, there is an increased importance on unique branded promotional campaigns.  In today’s world, dominated by social media, one new key brand development utilized by many marketers and advertisers is to market and promote a company’s products […]

Why A Songwriter “Split Sheet” Just Isn’t Enough?

By Justin M. Jacobson, Esq. For some unexplained reason, frequently when artists go into the recording studio to work on a track together, they typically sign a “split sheet” and think it suffices.  In reality, the traditional songwriter “split sheet” could merely be used as a stop-gap measure that is meant to ensure all parties […]