Thursday, February 5, 2015
Tuesday, February 3, 2015
WHAT IS THE DIFFERENCE BETWEEN A SOUND RECORDING AND A MUSICAL COMPOSITION?
For the purposes of copyrighting your work you should know what it means when someone says musical composition versus sound recording. According to the United States Copyright Office at http://www.copyright.gov/register/pa-sr.html “A Musical Composition consists of music, including any accompanying words, and is normally registered as a work of performing arts. The author of a musical composition is generally the composer and the lyricist, if any. A musical composition may be in the form of a notated copy (for example, sheet music) or in the form of a phonorecord (for example, cassette tape, LP, or CD). A Sound Recording results from the fixation of a series of musical, spoken, or other sounds. The author of a sound recording is the performer(s) whose performance is fixed, or the record producer who processes the sounds and fixes them in the final recording, or both.” Therefore, as stated on the website, the copyright in a sound recording is not the same as, or a substitute for
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Monday, February 2, 2015
DOES MY COMPANY NEED TO DO A TRADEMARK SEARCH?
Many times business owners and entrepreneurs spend a lot of time to come up with what they believe is a clever and catchy name for their company. These business owners have, more often than not, spend quite a deal of money and resources on marketing and promoting their brand, before considering whether their name and brand are one that could be trademarked. Below is a short, non-exclusive list for reasons why you should work with a trademark attorney at the outset of developing your brand, versus when your company has already gained traction and notoriety. Your company likely has at least one name or logo that you use for advertising and marketing that you hope distinguishes it from others that you would like to protect and prevent others from using. You own your domain name; that is NOT the same as a trademark. This mistaken belief has gone on long enough, it’s time to fix it. Registering a particular name with the secretary of state as your business name is not a valid claim on
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