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- Defenses to Allegations of Copyright Infringement
There are numerous defenses available to a copyright infringement defendant.
- Elements of a Copyright Infringement Claim
A copyright infringement action requires a plaintiff to prove (1) ownership of a valid copyright, and (2) actionable copying by the defendant of constituent elements of the work that are original.
- Band Agreements, Band Entities, Band Trademarks and Copyrights
In order to avoid disputes later, a band needs a band agreement which states how the band will divide their profits and which provides how decisions shall be made, how departing band members will be paid and the rights to use the band name after a break up or a band member departs. With the advice of a music lawyer, the right business entity can be chosen, and a music attorney in California can be utilized to obtain copyrights, and trademarks for the band name.
- Literary Agency and Publishing Contracts: What Attorneys and Writers Need to Know
A writer who signs a literary agency agreement or a book publishing contract without having it reviewed and negotiated by a literary rights or publishing attorney risks not having any idea how the terms contained in a ten to thirty page publishing contract can harm them. Scams abound in the publishing world and writers need to be aware before they sign a contract that obligates them to pay to have their book published and to purchase their own books.
- California Talent Agency and Artist Management Contracts - What You Need To Know
Artists breaking into the entertainment industry often donít know whether they need a talent agency, a personal manager or an entertainment lawyer to represent their interests. While a manager can help guide their career and help them find a talent agent, some just use a personal manager, while others utilize a talent agent, a manager, and an attorney. The terms contained in talent agency contracts and artist management contracts, as discussed in this article, are different as are their roles.
- Music May Be Less Widely Available in the Future. Here's Why.
The government just denied a request from the music industry to change the royalty collection system. Here, we examine what's at stake and explain why change may be imminent.
- When Is It Legal to Download Music, Movies, or Software Via Torrents on the Internet?
Since the rise of the Internet, the illegal sharing of music, movies, and software have been an ongoing concern. Still, not every peer-to-peer network for sharing various forms of media is illegal, and some companies have even found it desirable to begin distributing materials in this fashion. So, when is it legal to download music, movies, or software via torrents on the Internet?
- Events, Nightlife, Attractions and Hospitality Law Palm Springs Style
In the past lawyers for the hospitality and entertainment industry, for restaurants, hotels, festivals, events, and attractions in California handled matters such as food safety, contracts with entertainers, alcohol regulations, or injuries on hotel properties. Hospitality and entertainment lawyers in places like Palm Springs today must also seek to protect guest confidentiality and safety at live music pool parties, film and music festivals, major sporting events and more.
- Publicity Rights and The Right of Privacy, California Entertainment Law
The right of publicity is the right of every human being to control the commercial use of his or her identity. When that right is infringed, the individualís publicity rights have been violated. The right of privacy is the right not have your name or likeness appropriated by another without your permission, your privacy intruded, your private information to be made public, and to not be placed in a false light. In California, damages can be pursued by an attorney for these infringements.
- How An Experienced Lawyer Can Protect A Comic Book Creator And Writer in California
The client who creates a comic book character and goes on to develop a character that can be licensed to third-party publishers, to the film and television industry and to the interactive game industry, isnít simply creating content. Theyíre creating intellectual property the ownership of which needs to be carefully protected so all the revenue streams from that content can be potentially licensed and controlled by the comic book creator and his or her company.