ENTERTAINMENT LAW INTELLECTUAL PROPERTY OVERVIEW Ramona P. DeSalvo, Esq. Zachary C. Rickers, Esq. DeSalvo Law Firm PLLC 1720 West End Ave. Suite 403 Nashville, TN 37203 (615) 600-4741 rdesalvo@desalvonashville.com © 2016 Ramona P. DeSalvo

ENTERTAINMENT LAW Subspecialty of Intellectual Property Focuses on creative endeavors of those in the entertainment industry: recording artists, songwriters, producers, filmmakers, actors, visual arts, dance Nashville is primarily music industry. IP of entertainers: Copyright Trademark Trade Secrets Right of Publicity

U.S. Constitution 1789 Article I, Section 8, Clause 8 Congress shall have power to enact laws … “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their writings and discoveries”

Governing law 1909 Copyright Act Works created before Jan. 1, 1978 Copyright attaches upon first publication; work must be registered or it falls into public domain 1976 Copyright Act Works created on or after Jan. 1, 1978 Copyright attaches upon fixation in tangible medium; registration not required but valuable incentives to register

SUBJECT MATTER OF COPYRIGHT 17 U.S.C. § 102(a) Including but not limited to: Literary works Musical works Dramatic works Pantomimes and choreographic works Pictorial, graphic, and sculptural works Motion pictures and other audiovisual works Sound recordings Architectural works

1976 Act: Works of Authorship FIXATION: Fixed in a tangible medium ORIGINALITY: Slight degree of creativity Independent creation

What cannot be protected by copyright Works not fixed → C/L Words, short phrases, titles, names, symbols, slogans Facts, processes, systems, methods Not original No creativity Sources of law: 17 U.S.C. §102(b) 37 CFR 202.1 Common law

17 U.S.C. § 106 “Bundle of rights” Six Exclusive Rights Copyright owners have the right to do or to authorize any of the following: Reproduce the work in copies or phonorecords Prepare derivative works based on the copyrighted work Distribute copies of the work Publicly perform the work Publicly display the work In the case of SRs, to publicly perform the work via digital audio transmission

Authorship/Ownership Copyright ownership vests initially in the author or authors of the work.

Authorship Intellectual concept Creative person who contributes to the work Result of creative efforts/intellectual labors Economic Concept Work for hire Employer/Employee or Specially commissioned work (Defined by statute)

Joint Authorship Each owner owns an equal, undivided interest in the entire work. Either author may license or use the work without permission from co-author No infringement against co-owners: duty to account.

Ownership/Claimant Authorship: creative author or work for hire Ownership/Claimant Authorship: creative author or work for hire Written transfer Operation of law: Will Court orders: Bankruptcy Divorce Judgment debtor Termination of transfer

Termination of transfers Second chance to author and family to benefit from author’s mental labors. Not applicable to works for hire Pre-1978 works and post-1978 works are treated similarly but different code sections apply.

PARALEGAL’S ROLE Copyright registrations Termination of transfers Gathering data for application Dates of birth/citizenship/dates of creation Calculating filing fees Uploading and/or mailing deposits Termination of transfers Gathering data Works’ titles/dates of creation/dates of transfers/transferors’ names

® or ™ Circle R - Registered mark TRADEMARKS Trademark A brand name used for a product A word, name, symbol or device (or combination of thereof) Service Mark A name used for services ® or ™ Circle R - Registered mark TM - No legal meaning/notice of pending application

PARALEGAL’S ROLE GATHERING DATA APPLICANT’S CORRECT LEGAL NAME SPECIMENS FOR SUBMISSION CALENDARING DEADLINES USE/INTENT TO USE DEADLINES DIFFER 10 YEAR LIFE OF MARK THREE YEARS: ABANDONMENT OF MARK FIVE YEARS: AFFIDAVIT OF USE TEN YEARS: RENEWAL OFFICE ACTIONS EXTENSIONS OF TIME

OTHER IP PATENTS TRADE SECRETS RIGHTS OF PUBLICITY PARALEGAL’S ROLE: Data gathering Calendaring Confidentiality