Monthly Archives: May 2015

Three Elements of a Strong Licensing Agreement

Licensing agreements allow a third party to use intellectual property. The contract lays out the terms and conditions such as the payment, duration and credit. It is important to assure that the contract is well written and expresses the wishes of both parties. Payment The contract dictates how much artist will be paid and how. Some artists wish be paid in a lump sum. Others prefer to receive royalties, or a percentage of the money the other artist makes off of their work. It is important that artists assure that the contract reflects what they want. Other important details The artist should also assure that the contract specifies how long they are giving others the rights. Some contracts allow the... Read More

Mediation or Litigation? Options for an Intellectual Property Dispute

Intellectual property disputes are becoming a common problem for creative people and business people alike. From South Florida to Washington State, people have been having to choose how to handle intellectual property disputes. There are a few options to consider. Litigation Pros: Litigation is a process involving a judge hearing evidence from both parties and deciding. This allows businesses to gather up any evidence they feel is prudent and present it. It also allows either party to appeal if they are not happy with the judge’s decision. Cons: This process takes a long time. Companies are required to do their own fact collecting, which can mean a costly investigation. This is often not a viable option for small companies. Mediation... Read More

Common Evidence Used in an Intellectual Property Dispute

Intellectual property disputes are crossing lawyer’s desk more frequently than ever before. Major cities such as Miami and New York have many law firms which deal only with these types of cases. Many times, these cases turn into bitter legal battles. Time after time, the cases come down to a few basic concepts. When It Was Patented Amazon received the patent on their one-click technology only days before taking Barn’s and Noble to court over a similar technology. While it is likely that both companies were developing their technology at the same time, Amazon applied for their patent first and thus received it first. The verdict of that case has not been released, but many similar cases have been decided... Read More

Copy Infringement: What Artists Need to Know

Artists have a unique relationship with copyright laws. Is someone singing their song on the sidewalk or a beach in Florida an infringement? What about a band with a similarly named band? Artists need a working knowledge of copyrights in order to protect themselves. The best thing to do if you feel you have been infringed upon is to hire a reputable attorney to look into the problem for you. Below, you can find some facts you need to know as an artist. Automatic Copyright As soon as an artist documents their work, weather through recording or writing, the work becomes copy righted. Copyright is a form of intellectual property. The copyright lasts for 70 years after the creator’s death.... Read More