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copyright law
Copyright Small Claims By Jeffrey E. Jacobson, Esq. Based on a 2013 study by the Copyright Office, legislation has been introduced in Congress to establish a “Small Claims” copyright adjudication system.  The current bill would create a three “judge” panel called the Copyright Claims Board within the Copyright Office.  This new tribunal will be modeled...
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Copyrights of Factual Creations By Jeffrey E. Jacobson, Esq. Copyrights do not protect facts or ideas; rather, they protect the expression of them.  Consequently, the fact that Columbus discovered America is not protectable by copyright.  However, the fanciful expression that “Columbus sailed the Ocean Blue in fourteen hundred ninety two” may be. Factual compilations used...
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02/09/2018 – Copyright Law Update: “Design Protection” In “Useful Articles” By Jeffrey E. Jacobson, Esq.             The Supreme Court decision in Star Athletica v. Varsity Brands last year clarified the law on copyrightability of the creative elements in useful articles. That case involved alleged copyright infringement of cheerleading uniforms. Since a uniform is a useful...
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Copyright & Music Business Announcement – Mechanical Royalty Rate Increases (01-29-2018) – Today, The Copyright Royalty Board, the body responsible for setting the statutory rates, has increased the U.S. mechanical royalty Rate.  A mechanical license is used to “reproduce and distribute copyrighted musical compositions (songs) on CDs, records, tapes, or permanent digital downloads.” This means...
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The Legalities Of A “Cover” Song By Justin M. Jacobson, Esq. It is natural for musicians to record other people’s tunes.  The subsequent version of an original song is called a “cover.”  The creation and distribution of cover songs has become an increasingly widespread trend.  It continues to explode with the increased usage of social...
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By Justin M. Jacobson, Esq. The expansion of new technologies and the domination of social media as a means for distribution and mass marketing have caused an explosion of independent fashion designers creating their own brands.  From clothing to apparel and other related accessories, these new entrepreneurs are part of this new “do-it-yourself” movement, consisting...
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By Jeffrey E. Jacobson, Esq. Music is a bit unusual because there are two Copyrights involved for every master recording that is produced. There is a Copyright in the song, which consists of the underlying music and lyrics, and a Copyright in the sound recording itself. Lyrics and music are protected on the PA Copyright...
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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...
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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...
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