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A FEW TIPS re managing copyright, trademarks and intellectual property  [Please note, the postings on this blog are for informational purposes only and do not constitute legal advice]   ...follow and subscribe to this blog on wordpress

Wednesday
Jun242015

I like Taylor Swift’s Voice (and she sings great too)

This week the musician Taylor Swift spoke out against Apple’s proposed plan NOT to pay music royalties during the 90-day free vlaueyourarttrial they are offering to customers who sign up for the new Apple Music streaming service. In a savvy and effective move, Taylor Swift asked Apple (in a letter posted online) to change their policy and refrain from asking musicians to provide their music without compensation during the 90-day period. The letter begins with a threat to not release her new album on Apple Music streaming service due to the 90-day-no-compensation period.

The goods news: Apple responded the same day with notice that they changed their tune and WILL pay artists for streaming during the 90-day free trial period.

Tis A “Swift” Change to benefit musicians! Bravo!

Here is the full text of Taylor Swift’s letter (also available at: http://taylorswift.tumblr.com/post/122071902085/to-apple-love-taylor):

I write this to explain why I’ll be holding back my album, 1989, from the new streaming service, Apple Music. I feel this deserves an explanation because Apple has been and will continue to be one of my best partners in selling music and creating ways for me to connect with my fans. I respect the company and the truly ingenious minds that have created a legacy based on innovation and pushing the right boundaries.

I’m sure you are aware that Apple Music will be offering a free 3 month trial to anyone who signs up for the service. I’m not sure you know that Apple Music will not be paying writers, producers, or artists for those three months. I find it to be shocking, disappointing, and completely unlike this historically progressive and generous company.

This is not about me. Thankfully I am on my fifth album and can support myself, my band, crew, and entire management team by playing live shows. This is about the new artist or band that has just released their first single and will not be paid for its success. This is about the young songwriter who just got his or her first cut and thought that the royalties from that would get them out of debt. This is about the producer who works tirelessly to innovate and create, just like the innovators and creators at Apple are pioneering in their field…but will not get paid for a quarter of a year’s worth of plays on his or her songs.

These are not the complaints of a spoiled, petulant child. These are the echoed sentiments of every artist, writer and producer in my social circles who are afraid to speak up publicly because we admire and respect Apple so much. We simply do not respect this particular call.

I realize that Apple is working towards a goal of paid streaming. I think that is beautiful progress. We know how astronomically successful Apple has been and we know that this incredible company has the money to pay artists, writers and producers for the 3 month trial period… even if it is free for the fans trying it out.

Three months is a long time to go unpaid, and it is unfair to ask anyone to work for nothing. I say this with love, reverence, and admiration for everything else Apple has done. I hope that soon I can join them in the progression towards a streaming model that seems fair to those who create this music. I think this could be the platform that gets it right.

But I say to Apple with all due respect, it’s not too late to change this policy and change the minds of those in the music industry who will be deeply and gravely affected by this. We don’t ask you for free iPhones. Please don’t ask us to provide you with our music for no compensation.

Taylor

Thanks for your letter Taylor Swift. (You have a powerful voice!)  swiftchange

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

vk@kasterlegal.com

See also: Other blog posts on Music Copyright and royalties at https://iplegalfreebies.wordpress.com/category/c-o-p-y-r-i-g-h-t/copyright-music-copyright/; “Apple Changes Course After Taylor Swift Open Letter: Will Pay Labels During Free Trial” by S.Halperin at http://www.billboard.com/articles/news/6605568/apple-changes-course-after-taylor-swift-open-letter-will-pay-labels-during; “Apple Responds to Taylor Swift’s Open Letter, Says It Will Pay Artists During Apple Music Free Trial Period: ‘We Hear You’” by J.Andriakos at http://www.people.com/article/taylor-swift-apple-music-open-letter-response; @iplegalfreebies and www.iplegalfreebies.wordpress.com.

Thursday
Jun042015

Happy 225th Birthday – US Copyright Law

Happy Birthday US Copyright!  This week is the 225th anniversary of the first Federal US Copyright Law, FullSizeRender (3)which was signed into law by President George Washington on May 31, 1790.  The 1st US Copyright Law was enacted less than 2 years after the ratification of the U.S. Constitution and was modeled after the British Statute of Anne.  Kudos to the First Congress of the US!  Here is a bit more information on the 1st US Copyright Law:

The law was called “An Act for the encouragement of learning,” and it protected “maps, Charts, and books.” The decision to protect maps and charts indicates that the First Congress wanted to encourage exploration of the American continent, including its lakes, rivers, and harbors. The decision to protect books confirms that the First Congress also valued the creation and distribution of authorship, both for informational and artistic purposes. These objectives are reflected in the works that were registered in the first month after enactment, which included an atlas, a spelling book, a collection of court decisions, and a “comedy in five acts.”

The first federal copyright law established many of the fundamental principles that are a vital part of the law today. It stated that copyright initially belongs to the author—the person who conceived and created the work— rather than the publisher or the state. At the same time, it recognized that an author’s rights are not perpetual but instead should be limited in time. And it recognized that authors are part of a larger economic ecosystem, and that they often transfer their rights to publishers, retailers, or other parties. The first federal copyright law established the principle that authors should have rights to control the use of their works, such as how they are printed, reprinted, published, and sold. It recognized that authors should have meaningful remedies to encourage others to respect these rights and to provide appropriate compensation when those rights are infringed. And it recognized the central role a registration system plays in documenting a public record of creativity, ownership, term, and other legal facts.   [Excerpt from the US Copyright Office commemoration at http://www.copyright.gov]

US Copyright Law has changed a lot in the last two centuries including offering copyright protection to a broader spectrum of works.  For example, US Copyright registration and protection is now available for computer software and website content which were not conceivable in 1790. (Not even a figment in George Washington’s imagination).   The full text of the 1st US Copyright Law is available at http://copyright.gov/about/1790-copyright-act.html  and the current US Copyright Law is available at http://www.copyright.gov/title17/circ92.pdf.

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

vk@kasterlegal.com

See also: Information on how to write a copyright notice at http://wp.me/p10nNq-18; other blog posts on copyright at https://iplegalfreebies.wordpress.com/category/c-o-p-y-r-i-g-h-t/;  the US Copyright Office’s website at www.copyright.gov; @iplegalfreebies and www.iplegalfreebies.wordpress.com.

Friday
May292015

Selling Someone Else’s Instagram Photo for $90,000

Discussing the broad usage rights given away by posting original content to social media is discussed frequently on this blog and elsewhere.  Reading that the controversial artist Richard Prince recently sold enlarged screenshots of other people’s Instagram photos without warning or permission for $90,000 a piece at the Frieze Art Fair in New York is a case in point.

Be mindful of the Terms of Use on Instagram and other social media sites that you use and where you post your original photos, artwork and other content.

Mining social media content might be the new wild frontier.

 

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

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

See also:  more information on Instagram’s Terms of Use at http://wp.me/p10nNq-En; Washington Post article: “A reminder that your Instagram photos aren’t really yours: Someone else can sell them for $90,000″ at http://wpo.st/XXOJ0; @iplegalfreebies and www.iplegalfreebies.wordpress.com.

Thursday
May282015

Inspired by 19th Century Imperial Robes (Copyright & Design)

Splendid 19th century imperial robes from China inspire modern fashion reddesigns in a new costume exhibit at the Metropolitan Museum of Art (titled: China Through the Looking Glass).  A fascinating element of this exhibit is that the imperial robes and the modern, couture gowns are displayed side-by-side.  While the styles, silhouettes and lines of the old and new fashions are drastically different, the inspiration linking the old and new is clear, including, borrowed colors, designs and artwork.

Borrowing colors, designs and artwork isn’t always free and easy.  Copyright laws in countries around the world vest the original creators and owners of designs and artwork with a bundle of exclusive rights to control the use and copying of their original designs and artwork.  However, these exclusive rights only last for a finite period of time. The duration of these exclusive rights varies country by country depending upon the national copyright laws.  The copyright laws in each country outline the length of time that the exclusive rights last (also known as the “term of copyright”).  Once the term of copyright expires, the work becomes part of the public domain and is free to use and copy.

Treat yourself to a visit of this exhibit, if you can. I give it two glamorous thumbs up.

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

vk@kasterlegal.com

See also: other blog posts on public domain at http://wp.me/p10nNq-ft and www.iplegalfreebies.wordpress.com/category/public-domain; a blog post on Traditional Knowledge of indigenous people and tribes which can be an exception to public domain works at http://wp.me/p10nNq-AC; information about the MET costume exhibit at http://www.metmuseum.org/exhibitions/listings/2015/china-through-the-looking-glass/images; @iplegalfreebies and www.iplegalfreebies.wordpress.com.

Wednesday
May202015

It is a MYTH that Copyright Registration is Expensive

News of Target copying a t-shirt design from SandiLake Clothing (a small business started by a creative and entrepreneurial young woman) …broke my heart because the designer, Ms. Lay, evidently stated that she did not have her design copyrighted due to the “high cost” of copyright.

IT’S A MYTH that copyright registration is expensive!  Applying for Copyright Registration is not expensive folks.  Applying for for Copyright Registration costs $35-$55Instagram design CR.

My heartbreak is somewhat abated by the fact that Target has pulled the copy-cat shirts off their shelves.  Evidently, Ms. Lay launched a clever social media flurry by posting a photograph of herself in a Target Store wearing her original shirt and holding a copy-cat shirt being sold at Target and appealing for support of mom-run businesses.  (The photo is inserted to the right).

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

vk@kasterlegal.com

See also: other blog posts on related topics –  “Copyright Protection Only Costs $35″ or As of 5/1/14 “Some Basic Copyright Claims now cost $55; “How to Write a Copyright Notice And Why To Use It“; “How to use the ®, TM, SM, © symbols for trademark and copyright“; “Copyright Is Valuable, ‘The Birthday Song’ Earns $2 Million a Year In Royalties“; #smallbiz #valueyou #valueyourart; @ iplegalfreebies and www.iplegalfreebies.wordpress.com.

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