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Websites

By: Jeffrey E. Jacobson, Esq. Website development and ownership can raise a number of unique Copyright and Trademark concerns that all potential website owners need to be aware of before they begin the process of creating their website.  From the initial act of choosing a domain name, to the development of a design, and to […]

Frequently Asked Questions: Trademarks & Servicemarks 101

By Jeffrey E. Jacobson & Justin M. Jacobson What is the difference between a trademark and a copyright? A copyright protects the expression of a creative idea, i.e. an image or sound recording; whereas, a trademark or servicemark is used to identify the source of goods or services, i.e. a brand or company name. Thus, […]

Part 2: After You Create An Entity – The “Loan-Out” & Music Production Companies

By Justin M. Jacobson, Esq. In part 1, we explored the potential benefits an artist receives from establishing a business entity such as an LLC or corporation.  We also discussed some other administrative matters related to the operation and continued maintenance of these entities.  In this installment, we move forward to discuss the next steps […]

Publishing Money

By Justin M. Jacobson, Esq. Every new musician is told by some other musician or industry professional “to keep your publishing” or some variation of this.  Such a statement is archaic and a potentially career debilitating mistake.  A better understanding of what “publishing” monies consist of and why this outdated advice of “keeping your publishing […]

Advice On Music Sampling

By Justin M. Jacobson, Esq. With advancing technology and the development of new digital musical techniques, it has become even easier for an artist to “sample” and integrate another’s finished recording or sound bite into a new, altered and derivative work created by a new artist.  In today’s evolving marketplace, commercial DJs such as Girl […]

A Musician’s Basic Guide To Business Entities And Taxes In New York State

By Justin M. Jacobson, Esq. As an individual embarks on their chosen journey, a career in music and in the music business, it is essential for them to have a basic understanding of the complexities and formalities associated with operating a legitimate business.  You should treat your “musical career” as a full-time occupation in order […]

Music & Copyrights

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 […]

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 […]