M.E.L.O.N.

Agreeing to License Part One: Free to Roll With The Changes

by Mark A. Pearson, Esq.

The following is the first in a series of articles that will try and explain some of the pros and cons of entering into a licensing agreement in today’s entertainment industry.

As the various business models of the entertainment industry continue to reinvent themselves almost on a daily basis, one prevailing trend is the growing use of licensing.  More entertainment product is now self-produced by artists than ever before.  The “Studio System” and “Major Label” business models are quickly becoming obsolete.  It’s beyond the scope of this article to make any grand sweeping speculation as to why the industry models are changing.  Are these changes the result of the economy, backlash against the ‘old systems’, or technology changes?  The answer probably lies somewhere in the murky gray area known as “a combination of all of the above”.  The point is that change is here, and change means an influx in the use of licensing throughout the entrainment industry as the shift continues toward independent production.

Take the music industry, for example.  Under the old model, record labels hired talent evaluators to find artists, signed those artists to a recording contract, paid for the artist to record an album, created and distributed the album, and then profited off the sale of the album.  The label owned the copyright to master recordings that made up the album, and shared in the copyright of the song publishing with the songwriter.  The artist made money off of royalties paid by the label (including their advance) based on sales of the album, and on royalties paid to the songwriter by a performing rights organization (ASCAP/BMI) for use of the song.

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.

Trademark: Theories of Harm

by Howie Cockrill, Esq.

After spending a few weeks entrenched in copyright law, I thought I’d switch things up and take a look at trademark theory.

In this article, I want to explore some of the theories behind how consumers and companies are harmed by trademark infringement. 

But first, as always – the basics:

Tech News: ICANN & Domain Names - Pt. 3

Welcome to Part 3 of this ICANN article.  Part 1 discussed the definitions of IP addresses, domain names and the Domain Name System.  Part 2 discussed the origins of ICANN, which manages the DNS. 

With all of this as background, let us now move (finally) to Part 3 – ICANN and new domain names.

Currently ICANN is considering the approval of new Generic Top Level Domains (gTLDs).

More accurately - ICANN is considering a new PROCESS for the approval of new gTLDs.

According to the ICANN website –

“The development of an appropriate process and policy for the creation of new generic top-level domains (gTLDs) is central to fostering choice and competition in the provision of domain registration services, and as such is critical to the promotion of ICANN’s core values. 

The questions to be addressed in the implementation of a new gTLD strategy…draw on technical, economic, operational, legal, public policy and other elements.”

Tech News: ICANN & Domain Names - Pt. 2

Following up on Part 1 of this article, in which I discuss the Domain Name System (DNS), IP Addresses and domain names, Part 2 explores the origins of ICANN, which is charged with the management of the DNS. 

(Part 3 will delve into a rising debate over ICANN’s approval of new Generic Top Level Domains (gTLDs).)

ICANN is a non-profit corporation based in Marina del Rey, California. 

Because of the U.S.’ pivotal role in the creation and development of the internet, the U.S. government essentially created ICANN.

In 1998, the U.S. National Telecommunications and Information Administration (NTIA) (part of the U.S. Department of Commerce) wanted to improve the management of domain names and IP Addresses. 

In its “Green Paper,” the NTIA proposed to create a private sector non-profit with an international board of directors.  ICANN was the result.

ICANN is run by a Board of Directors, which consists of 6 representatives from 3 Supporting Groups and 8 independent representatives.

Tech News: ICANN & Domain Names - Pt. 1

Have you ever typed in a domain name & wondered how it came to be? 

Probably not – when functioning & designed at its best, the internet provides a seamless form of data transfer. 

The information or content you are seeking out is just THERE – and as long as you can see it, hear it, watch it, or read it without problems, there is no need to question how the architecture of this system works. 

The beauty of advanced civilization is specialization – you don’t HAVE to know about internet architecture because there’s plenty of other people out there who do.

But the internet is supposed to provide a bottom-up democratization of information, right?  That depends on who you talk to. 

Regardless, just like a regular democracy – if you don’t understand how it works, it is hard to make it work for you & it is bound to work against you from time to time. 

So let us explore, at least superficially & simplistically, the workings of the DNS – the Domain Name System.

This article is divided into 3 parts.

Part 1:  discussion of IP addresses, domain names & the Domain Name System.

Part 2:  what is ICANN?

Part 3:  ICANN and the debate over a new approval process for domain names.

Music Biz: Income Streams in the Recording Industry

For the working musician, having just a rudimentary knowledge of copyright law can be as valuable to your career as knowing your barre chords.

Also, and on a more practical level, knowing what you have and what you don't have can greatly facilitate your music business dealings, whether with a producer, a label, a music publisher, or your bandmates.

Trademark: Selecting & Protecting Your Band's Name

The most valuable assets of a successful musical group are the songs and recordings created by the performers.  The second most valuable asset is usually the group name.

Trademarks (which are associated with the sale of goods) and service marks (which are associated with the offering or providing of services) are generally owned by the person or persons who use the mark "in commerce".

It is a common misconception that the filing of a fictitious business name (DBA) certificate or the incorporation of a business creates trademark rights.  Furthermore, trademark rights are not created by federal registration with the U.S. Patent & Trademark Office. 

On the contrary, as noted above, trademark rights are created by use, or as we shall see, by intent to use in commerce.

Trademarks: What Is A Trademark?

 Federal law defines a trademark as....

a word, name, symbol, or design, or any combination thereof, which identifies and distinguishes the source of the goods or services of one party from those of others.

A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.

Normally, a mark for goods appears on the product or on its packaging, while a servicemark appears         in advertising for the services.        

California state law defines a trademark in practically the same language....

"Any word, name, symbol, or device, or any combination thereof adopted and used by a person to identify goods made or sold by him and to distinguish them from goods made or sold by others."