M.E.L.O.N.

Introdcuing: The M.E.L.O.N. Podcast!

In the interest of better serving our loyal readers, the M.E.L.O.N. Blog Team is excited to introduce the New M.E.L.O.N. Podcast!

Tony Berman, Esq. is here to answer all of your questions about multimedia and entertainment law.

Today's podcast answers a question from Will in Los Angeles.  Will asked why he should bother copyrighting his original songs and artwork.  Tony will also explain what someone should do if they find out their copyright is being infringed, how to go about registering a copyright, and what damages one can expect to recover if his copyright is infringed.

If you have a question you'd like Tony to answer on the M.E.L.O.N. podcast, please send it to melon@beat-law.com

Events: Bandwidth Conference

The Bandwidth Music | Technology Conference is taking place August 14 & 15 at the University Club in Nob Hill. 

BEAT-Law's Tony Berman will be leading the discussion about digital legal issues @ 1 pm in the Library.

Other featured speakers include Susan Bonds and Alex Lieu, President/CEO and Chief Creative Officer of 42 Entertainment, Jonathan Poneman, co-founder of Sub Pop Records, and Alexandra Patsavas, founder of Chop Shop Music. 

From their website:

Bandwidth features conversations with movers and shakers, as well as a chance to interact with others in an intimate environment - the right people in the right space in numbers that make it easy to connect.

Topics focus on marketing, fan behavior, trends and future forecasts, and an examination of the ways people discover, purchase, interact with, and are exposed to music.

Hope to see you there!

Music Biz: 360 Deals Pt. 4

by Tony Berman

Researched & edited by Howie Cockrill

In Part 1 of this article, I introduced the "360 Deal," and in Part 2, I delved into the specifics of 360 deals to give you a flavor of how they work.

In Part 3 I explored several issues that all parties thinking of signing a 360 deal should consider. 

Part 4 is a continuation of my look at specific issues regarding 360 deals.

Music Biz: 360 Deals Pt. 3

by Tony Berman

Researched & edited by Howie Cockrill

In Part 1 of this article, I introduced the "360 Deal," which is similar to a recording agreement between an artist and a record company but encompasses much, much more than just recordings.  I also provided a bit of history to put the 360 Deal in context.

In Part 2, I delved into the specifics of 360 deals to give you a flavor of how they work.

Now, in Parts 3 and 4 I will explore some issues that all parties thinking of signing a 360 deal should consider.

Music Biz: 360 Deals Pt. 2

by Tony Berman

Researched & edited by Howie Cockrill

In Part 1 of this article, I introduced the "360 Deal," which is similar to a recording agreement between an artist and a record company but encompasses much, much more than just recordings.  I also provided a bit of history to put the 360 Deal in context.

In Part 2, I am going to dive right into the specifics of 360 deals to give you a flavor of how they work.

Events: NAB Show

Once again digital media enthusiasts and prognosticators are set to descend on Las Vegas for the 2008 National Association of Broadcasters (NAB) Show.

The conference lasts from April 11th to April 17th. 

I will be giving 2 fascinating & timely presentations.  If you are at the conference, definitely check them out or at least stop by and say hello:

• "Keep It Legal: Safety and Legal Issues for Production."  Apr. 12, 2008.  3:30 pm - 4:45 pm.  Las Vegas Convention Center N264.  
• "Contracts and Copyrights."  Apr. 13, 2008.  9:00 am - 10:15 am.  Las Vegas Convention Center N264.

Hope to see you there!

 

Music Biz: 360 Deals Pt. 1

by Tony Berman

Researched & edited by Howie Cockrill

Professional and armchair music industry pundits alike have a new and seemingly bottomless discussion thread.

The topic is a controversial new business model being explored by record companies to save their business: the “multiple rights” or “360” deal.

This is Part 1 of a multi-part, comprehensive article about 360 deals - what they are, where they come from and what issues everyone involved should be aware of. 

Copyright: The 3 "C"s - Compensation, Control & Credit

by Tony Berman

If you’ve ever been hired or hired someone to perform creative services or to create an artistic or technical work, either orally or by signing on the dotted line, this is an article you should read.

Regardless of:

• Whether the deal terms are straightforward or complex,
• Whether you’re dealing with your best friend or a faceless corporation and
• Whether the negotiating process is informal or formal –

this article will give you a FRAMEWORK for thinking about what terms are crucial to you and what is open for discussion. 

This framework is applicable to deals involving copyright, trademark, patents and publicity rights – essentially the entire spectrum of intellectual property. 

In short – if you buy, sell or trade creative services or works, and the very thought of negotiating a deal gives you a massive migraine, you need a simple way to organize the deal points in your mind. 

In addition to some aspirin, you need perspective and context.   

You need the Three C’s.

Copyright: Assignments

This article may be read in conjunction with 3 previous articles:

• Copyright Authorship Basics
• Joint Ownership
• Works for Hire

In these articles, I have discussed how someone comes to "own" a copyright in a work. 

The default scenario is one in which the author of the work is the sole creator of the work.  In that case, that person owns the copyright.

If an author works in conjunction with others, they all contribute copyrightable material and they all intend to create a joint work - those people may be "joint owners."

If an author creates a work for his or her boss and doing so is within the scope of employment OR if an author is commissioned to create a work, there is a signed agreement and the work falls within 1 of 9 categories - the work may be a "work made for hire" and the commissioning party owns the copyright.

This brings me to the final instance in which the owner of a copyright may be someone other than the person who created the work – copyright assignment.

Copyright: Works For Hire

This article may be read in conjunction with 2 previous articles and 1 subsequent article:

• Copyright Authorship Basics
• Joint Ownership
• Assignments of Copyright

There will also be a forthcoming relevant article on Copyright Assignments.

Common misconception: whoever hires or pays someone to create a work owns the work.

As with most things in life, it’s more complicated that that. Works for hire are determined by the relationship between the parties.