TRADEMARKS

Bishop Sakyi and C. Camille NeSmith

Trademarks of the United States properly identify the origin or ownership of the goods it is affixed to.  Trademarks protect a person’s  right to the continued enjoyment of his good and all goods that flow from it, from unwarranted interference by others.  The owners’ goods are physical commodities that are natural, manufactured, or produced.  These goods are sold, transported, or distributed within a state and between states.

PURPOSE

1.      “Protect the public so that it may be confident that, in purchasing a product bearing a particular trademark which it favorably knows.”

2.      Ensure that trademark owners from any interference or appropriation by others.

BENEFITS

Specific benefits of federally registered trademark include nationwide constructive notice of the owner(s) and evidence of ownership.

DISTINCTIVENESS

A trademark is a word, name, symbol, device or other designation, or combination of such, that is distinctive of a person’s goods or services.  Distinctiveness of the trademark distinguishes the identity of those goods or services.  Inherent distinctiveness results from use of the designation, which allows prospective purchasers to identify that particular good or service produced or sponsored by a particular person/entity.

Inherent Distinctiveness

Inherent distinctiveness results from use of the designation, which allows prospective purchasers to identify that particular good or service produced or sponsored by a particular person/entity.

REGISTERING YOUR MARK

Copyrights

Bishop Sakyi and C. Camille NeSmith

Copyright law of the Unites States provides for copyright protection in “musical works, including any accompanying works."  These works must be fixed and submitted in various forms such as paper, CD, or hard drive.

Copyright owners have the exclusive right to make copies of, prepare any derivative works of, sell, distribute, and perform the work.  Others seeking to use the fixed work must have the permission of the author or entity/person who legally owns the rights.

Copyright Registration

An application for copyright registration must consist of three main components:

• A completed application;
• A nonrefundable filing fee; and
• A nonreturnable copy or copies of the work being registered.

Benefit of Registration

Once a work is registered an author is permitted to make an infringement claim against any unauthorized users.

Duration

Works created on or after January 1, 1978 shall enjoy protection for:

• A single author, the life of the author plus 70 years
• Joint authors, the life of the last surviving author plus 70 years
• Works published before January 1, 1978 shall enjoy protection when:
• Published in or after 1964 – 95 years (from the year 2059 and beyond)
• Published before 1964 and the:
• Renewal is not done, 75 years (Up to the year 2038)
• Renewal done, 95 years (Up to the year 2058)

Works not published before January 1, 1978 shall enjoy protection for:

• The life of author plus 50 years unless the protection would have already expired.  If the work is already expired, then December 31, 2002.

The information provided should in no way be considered legal advice.  The accuracy of any legal information provided is not guaranteed.  Please seek professional help if there are concerns about specific legal issues.

New Artist Checklist

The first issue of "Laws of Beats and Rhymes" was just an overview of the Performance Rights Societies.  Although this may not be the first thing you accomplish, I believe it is a very important step in getting paid for your artistic creations.  I have read many helpful books and decided that it would be a good idea to create a New Artist Checklist.  Future issues will discuss each item separately.

The information provided should in no way be considered legal advice. The accuracy of any legal information provided is not guaranteed.  Please seek professional help if there are concerns about specific legal issues.

Royalties and Performance Rights Societies

Understanding how royalties are calculated and distributed by a recording label can seem overwhelming.  Whether you are signed to a label or not, if you are a songwriter and/or composer you need to be affiliated with a Performance Rights Society.

When music is played on such media outlets as radio, television, satellite, digital jukeboxes, at places such as restaurants, nightclubs, bars, hotels, on the internet, and at live concert performances, the Performance Rights Society collects licensing fees and distribute the money as royalties to the artist and publisher affiliated with that society.

In no particular order, the three major Performance Rights Societies are ASCAP (American Society of Composers, Authors, and Publishers), BMI (Broadcast Music, Inc.), and SESAC (Society of European Stage Authors and Composers).

• ASCAP affiliation requires a nonrefundable processing fee for both songwriters and publishers.
• At BMI, there is no application fee for songwriters and composers to affiliate, but publishers are required to pay an application fee.  The application fee for an individually owned publishing company is less than the application fee for a publishing company that is owned as a partnership, limited liability company, or a corporation.  
• SESAC is free, but affiliation is based on whether the applicant is selected. 

Each Performance Rights Society should be evaluated and chosen based on what is most beneficial to you and not strictly on whether the Performance Rights Society requires a processing or application fee.

The information provided should in no way be considered legal advice.  The accuracy of any legal information provided is not guaranteed.  Please seek professional help if there are concerns about specific legal issues.

Your Resource for Entertainment Law

Understanding both contract formation and contract obligations are imperative to the success and failure of a business partnership.  Contracts create the rights and responsibilities of all parties involved. Partnerships often go wrong because of failure to understand royalties and advances.

Laws of Beats and Rhymes will be a newsletter published by NeSmith Law Firm on legal aspects of the entertainment industry.  Whether you are a performer, musician, writer, composer, DJ, manager, or independent label executive, Laws of Beats and Rhymes will address legal obstacles that will help you to understand and navigate through the industry.

If you have a topic that you would like Laws of Beats and Rhymes to address in future issues please visit www.nesmithlawpllc.com, click on "Contact" and complete the form.