At the law firm of Jacoby & Meyers, we can help people in the sports and entertainment industry draft and negotiate contracts. We can help you obtain a fair contract with an agency, schedule a performance venue with a fair agreement for compensation, or work out a fair and equitable recording or publishing contract. This area is part of our practice in commercial and business law.
No matter what capacity you or your business fulfills, each participant’s responsibilities and rights should be outlined in a document. Without a written agreement, rights can be lost or unintentionally shared with another party. To safeguard your company and yourself against disagreements with partners or collaborators, it is best to lay out the terms of the agreement in written form before taking any action.
Most people know that the best deal is never the first offer. A successful negotiation depends on knowing which aspects of the deal are negotiable. This is why it is so important to have an attorney present who understands all of the ins and outs of the potential agreement and the consequences of each point.
At Jacoby & Meyers, we also help people to protect their ideas with patent or copyright.
Federal law provides protection for “original works of authorship fixed in a tangible medium of expression.” This includes:
- Sound recordings
- Literary works
- Musical compositions
- Any other form of artistic expression
The owner of the art piece has the exclusive right to perform, reproduce, publicly display, and distribute the original work. This means that the owner is the only person who has the right to let others to use (license) or to sell all of the rights (assign) to their artistic expression work.
Copyright infringement is unauthorized use that infringes on the owner’s exclusive rights to their work. Even if the use is not accompanied by financial gain, it is still considered infringement. If a musician, for example, uses a two-second sample of a Rolling Stones song when making his or her own piece, and then distributes copies for promotional purposes only, this is still copyright infringement.
Trademark infringement is the unauthorized use of someone else’s mark or the use of a confusingly similar mark. Therefore, the marks do not need to be spelled the same, nor do they need to be identical, to constitute trademark infringement.
Jacoby & Meyers can help artists protect their ideas with patents or copyrights, and fight infringement before the Trademark Trial and Appeal Board (TTAB). We will pursue maximum compensation, including statutory damages when applicable.