11.18.2016

Public Meeting on Developing the Digital Marketplace for Copyrighted Works (Dec. 9, 2016)

The Department of Commerce’s Internet Policy Task Force is pleased to announce a public meeting on Developing the Digital Marketplace for Copyrighted Works, to be held on December 9, 2016, at the U.S. Patent and Trademark Office’s headquarters in Alexandria, Virginia. Additional “watch parties” will be held at USPTO regional offices in Denver, Dallas, and Silicon Valley.
The Task Force is convening the meeting to facilitate constructive, cross-industry dialogue among stakeholders about ways to promote a more robust and collaborative digital marketplace for copyrighted works. The meeting will focus on initiatives in this space that relate to standards development, interoperability across digital registries, and cross-industry collaboration, to understand the current state of affairs, identify challenges, and discuss paths forward. It will also be an opportunity to explore potential approaches to the future adoption and integration into the online marketplace of relevant emerging technologies, such as blockchain technology and open-source platforms. The goal is to provide a platform for discussion, and to determine in what ways government can be of assistance. One outcome could be to establish working groups to tackle specific issues through a multi-stakeholder process.
The meeting will include panel sessions in the morning, an exhibition hall to showcase initiatives during lunchtime, and breakout sessions and a plenary discussion in the afternoon. Members of the public will have opportunities to participate.
Federal Register Notice: Additional details about the meeting are in a Federal Register Notice to be published on November 21, 2016.
Registration is free, on a first-come, first-served basis. Registrants may attend the meeting in person in Alexandria, Virginia, and also watch the webcast in person at three of the USPTO’s regional offices. Register to attend (link is external). (link is external)
Webcast: The public meeting will be available for viewing via live webcast.
Agenda: An Agenda will be posted here no later than one week prior to the event.
Additional information: For non-press inquiries, please contact Susan Allen, Attorney-Adviser, Office of Policy and International Affairs, USPTO, at susan.allen@uspto.gov (link sends e-mail)(link sends e-mail).
Background: The July 2013 Department of Commerce Internet Policy Task Force’s Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy identified several issues critical to economic growth, job creation, and cultural development on which the Department of Commerce’s Internet Policy Task Force planned to conduct further work, including the issue of how the government can facilitate the further development of a robust online licensing environment.
In addition to a 2013 public meeting and public comments, the Task Force hosted a public meeting on April 1, 2015, specifically to explore this latter issue. That meeting focused on the development and use of standard identifiers for all types of works of authorship, interoperability among databases and systems used to identify owners of rights and terms of use, and the possible creation of a portal for linking to such databases and licensing platforms. The December 9, 2016, public meeting will build on that discussion.
Jiminian Law PLLC is devoted to helping clients manage, protect, register, license, sell, grant and use their copyright(s) or defend it or themselves in matters of copyright infringement.  Regarding copyright management, it is always best to be pre-emptive with your business and implement a copyright strategy.  That is where I can come in.  Providing knowledgeable and effective representation are the keys to my success.  Danny Jiminian, Esq. is available for a free consultation if you call him at 917.388.3574 or 929.322.3546 or email him at danny@djimlaw.com.

11.11.2016

Danny Jiminian on Strategic Planning for Content Creators panel at the IPRHFF (Nov. 12, 2016) 10-11 AM


Tomorrow I have the privilege of being on a panel at the International Puerto Rican Heritage Film Festival (IPRHFF) with 2 talented and experienced filmmakers and producers, Christopher Lopez and Sonia Malfa. It will be moderated by Roxana Colorado. We will share our experiences and advice on effective and strategic ways to get your film or tv show across the finish line. Among a number of topics, I'll be focusing specifically on how to protect yourself when you pitch a film, why you should always use contracts and how to build a relationship of trust with your investors. Hope to see you there!


IPRHFF Multimedia Conference: TV, Film and New Media 
New Location: Hunter College 68th St. & Lexington Avenue, Southwest corner West Building Room 714 
[Please provide ID at Visitor's Service Desk at building entrance]
9:30 AM - 6:00 PM (Six Panels) 
22 Latino Thought Leaders in Media & Entertainment and Moderators 
FREE ADMISSION 

All of the panels are worth going to but I will only be on the first one from 10:00 - 11:00 AM.


Strategic Planning for Content Creators: 
Pre-production, Pre-production, Pre-production: 
Proposals, Mission Statement, Budget, Legal for Filmmaking/TV/New Media 
Moderator: Roxana Colorado, LN Strategic Consulting Services 
Danny Jiminian, Esq. 
Christopher Lopez: Director/Screenwriter, Adrift 
Sonia Malfa: Filmmaker/TV Producer
*******
Jiminian Law PLLC is devoted to helping clients in all areas of business, nonprofits, copyrights, trademark, sports and entertainment law.  Providing knowledgeable and effective representation are the keys to my success.  Danny Jiminian, Esq. is available for a free consultation if you call him at 917.388.3574 or 929.322.3546 or email him at danny(at)djimlaw.com.

10.23.2016

For Entrepreneurs and Business Owners: New York Region Small Business Administration Events Calendar (October - November)

NEW YORK REGION SBA EVENTS CALENDAR (October - November)


10.14.2016

Iron Man Composer Battles Tech Giant Sony and Ghostface Killah (Copyright Infringement Case)

by McDermott Will & Emery


The US Court of Appeals for the Second Circuit ruled in favor of the composer of the 1960s Iron Man theme song, finding material facts in dispute as to whether the song was commissioned as a work for hire. Jack Urbont v. Sony Music Entertainment, Case No. 15-1778-cv (2d Cir., July 29, 2016) (Hall, J).
In 1966, Jack Urbont wrote the theme songs for various characters in the “Marvel Super Heroes” television show, including Iron Man. In 2000, hip hop artist Dennis Coles (known as Ghostface Killah), Sony and Razor Sharp Records produced and released the album “Supreme Clientele” featuring the Iron Man theme song on two tracks, prompting Urbont’s June 2011 copyright infringement lawsuit against Sony, Razor Sharp Records and Ghostface Killah. At trial, the district court found that the defendants had standing to challenge Urbont’s ownership of the copyright under the “work for hire” doctrine, and granted the defendants’ motion for summary judgment on standing, finding that the Iron Man song was a “work for hire” composed at Marvel’s instance and expense, and that Urbont had not presented evidence of an ownership agreement with Marvel sufficient to overcome the presumption that the work was for hire. Urbont appealed.
Third-Party Standing to Assert Right to Hire Defense
On appeal, Urbont cited the US Court of Appeals for the Ninth Circuit’s 2010 holding in Jules Jordan Video v. 144942 Canada, which rejected third-party standing under the work for hire doctrine. The Second Circuit rejected Urbont’s argument, explaining that in that case both potential owners of the copyright were parties to the lawsuit, neither of which disputed ownership. Here, Marvel was not a party to the suit, and a plaintiff in a copyright infringement suit bears the burden of proving ownership of the copyright when ownership is challenged either by an employer or a third party. Citing Island Software & Computer Serv. v. Microsoft, the Court explained that Sony, a third party to an alleged employer-employee relationship, did have standing to raise the “work for hire” defense to try to refute Urbont’s alleged ownership of the copyright.
The Copyright Act Claim
Under the Copyright Act, an employer is considered an “author” of a copyrightable work in the case of works made for hire. Citing to its 2013 case Marvel Characters v. Kirby, the Second Circuit explained that absent an agreement to the contrary, a work is made for hire when it is “made at the hiring party’s ‘instance and expense,’” i.e., when the employer induces the creation of the work and has the right to direct and supervise the manner in which the work is carried out.
In reversing, the Second Circuit credited the district court’s reliance on evidence supporting the assertion that the song was a work for hire developed at Marvel’s instance, including that Urbont had not previously been familiar with the Marvel superheroes and had created the work from material given to him by Stan Lee, who had the right to accept or reject his song. However, the Court concluded that Urbont’s evidence that he retained all creative control over the project and that Lee was not permitted to modify the work, coupled with his testimony that he approached Lee, not the other way around, weighed against finding that the work was created at Marvel’s instance.
As for the expense factor, Urbont claimed that he created the song with his own tools and resources, including renting a recording studio, supported his assertion that it was he, not Marvel, who bore the risk of the work’s success. Although the $3,000 payment Urbont received weighed in favor of a finding that the work was created at Marvel’s expense, Urbont’s testimony that he also received royalties undermined such a conclusion. The Second Circuit explained that while a hiring party’s payment of a specific sum in exchange for an independent contractor’s work satisfies the “expense” requirement, the payment of royalties weighs against finding a “work for hire” relationship. The Court thus found that a genuine issue of material fact remained as to whether the Iron Man composition was a work for hire created at Marvel’s instance and expense.  
Finally, the Second Circuit found that the district court erred in concluding that Urbont failed to produce evidence to rebut the presumption that Marvel owned the work, noting that on summary judgment, the district court was required to accept Urbont’s testimony in support of his position.  The Court reversed and remanded the case back to the district court.
Jiminian Law PLLC is devoted to helping clients manage, protect, register, license, sell, grant and use their copyright(s) or defend it or themselves in matters of copyright infringement.  Regarding copyright management, it is always best to be pre-emptive with your business and implement a copyright strategy.  That is where I can come in.  Providing knowledgeable and effective representation are the keys to my success.  Danny Jiminian, Esq. is available for a free consultation if you call him at 917.388.3574 or 929.322.3546 or email him at danny@djimlaw.com.

Labels

11th Circuit (1) 1st Amendment (2) 2015 (2) 2016 (20) 2017 (2) 2nd Circuit (8) 4th Circuit (1) 501(c)(3) (2) 7th Circuit (1) 9th Circuit (2) A-rod (1) accident (1) accounting (11) ACLU (1) acting (5) actor (2) advertising (3) advice (59) Aereo (1) age discrimination (1) agent (6) album release (3) alert (1) AlleyWatch (1) An Actor Inquires (3) analysis (6) Ancillary territories (3) angel pad (1) angels (1) anti-discrimination (1) AP (1) Apple (1) application (1) apps (2) architecture (1) art (5) art fair (1) art law (4) artist (3) asset (2) AT&T (1) athlete (1) athletes (4) Athletic Commission (1) audience metrics (1) avatar (1) bankruptcy (1) baseball (1) basketball (4) Beastie Boys (1) blog (17) Bob Marley (1) bonds (1) bone-head move (6) box office (2) boxing (1) branding (6) breach of fiduciary duty (1) brief bits (1) broadcast radio (2) broadcast TV (6) broker (1) budget (1) business (66) Business Insider (2) business manager (2) C&C Music Factory (1) CA (5) cable television (3) calendar (1) California (2) California law (5) campaign (2) cannabis (1) cases (10) casting (1) celebrities (6) Celebrity Endorsements (1) Center for Art Law (1) CFP (1) charts (1) China (1) China Law Blog (1) Chobani (1) Chubb Rock (1) class action (4) Coca Cola (1) Comcast (1) comedy (8) comic books (2) Commerce (1) Common Law Claims (1) company (14) compliance (1) contract (33) contracts (3) copyright (51) corporations (9) Creative Commons (2) crowdfunding (5) crowdsourcing (1) Cuba (2) cybersecurity (1) damages (1) Darth Vader (1) David Bowie (1) deals (11) Debmar model (1) defamation (4) demonstrations (1) development (6) DGA (2) digital (3) director (1) directors (10) DirecTV (1) disaster (2) discrimination (1) Disney (1) distribution (15) diversity (1) Division I (1) djimlaw.com (3) DMCA (3) DNA (1) DOJ (1) DOL (1) Dominican Republic (1) donor (1) Dov Seidman (1) DPRA (1) drone (1) Drumpf (1) DTSA (1) Duke Ellington (1) DVD (4) EA (1) economic espionage (1) economics (3) EEOC (2) EFF (2) EMI (1) Empire (1) employees (13) employer (13) entertainment industry (10) entrepreneur (9) ESL (1) esports (2) EST (1) ethics (3) events (1) Exclusive Use (1) executives (5) exhibitors (3) exploitation window (2) FAA (1) facebook (4) Fair Labor Standards Act (2) fair use (6) family & friends (1) fantasy sports (2) fashion (5) FBI (1) FCC (3) feature (4) FIFA (1) film (30) filmmaker (9) filmmaking (22) finance (6) finder (1) First Amendment (1) first-look deal (1) FL (2) FLSA (1) football (2) Forbes (2) forms (2) formula (3) foundation (1) FOX (2) FOX News (1) franchise (1) Free Speech (3) free trade agreements (1) funding (7) fundraising (3) gain (1) gambling (1) genetic larceny (1) Ghostface Killah (1) Google (3) Gordon Rees (1) government (28) grants (3) graphic novels (1) gross (3) guides (1) H-1B visa (1) HBR (1) hip hop (3) HOLA (3) Hollywood (9) Huffington Post (1) Hullabaloo (1) IATSE (1) IMDB (1) immigration (1) Inc magazine (1) incentives (5) Indiegogo (1) Indiewire (2) indigenous people (1) infographic (1) Information is Beautiful (3) infringement (20) Instagram (1) insurance (1) intellectual property (39) Intellirights (1) intent to use (1) International (7) internet (2) investment (10) investors (1) IP Watchdog (1) IPO (1) IPRHFF (1) Iron Man (1) IRS (10) ItsArtLaw blog (1) iTunes (1) jdsupra (5) Jersey Shore (1) John Cones (1) journalism (1) jumpstart foundry (1) Justice Dept. (2) Kickstarter (3) Kristin Thompson (1) LA Times (1) labor (10) Lanham Act (3) Las Vegas (1) latino (3) launch (1) law (8) Law 360 (1) Law360 (1) lawsuit (21) lawyer (3) lawyers (16) legal (2) legislation (8) liability (6) libel (2) licensing (6) Likelihood of Confusion (1) litigation (42) LLC (3) madrid protocol (1) maker (1) management (2) manager (3) marketing (8) Marvel (1) media (8) mediation (1) merchandising (2) merger & acquisition (1) MLB (2) MMA (1) mobile devices (4) money (5) moral rights (1) MPAA (1) Mr. Jaar (1) MTV (1) Murdoch (1) music (25) music publishers (1) musician (6) musicians (12) NAB (1) NALIP-NY (2) Name and Likeness (1) NBA (1) NC (1) NCAA (3) negotiation (10) Netflix (3) network (4) New Line Cinema (1) New Media (2) New York (6) New York law (9) news (6) newspaper (1) NFL (3) Nikki Finke (1) NJ (1) NJ Motion Picture and TV Commission (1) NLRA (1) NLRB (1) no budget (3) non-compete (2) Nonprofit Risk Management Center (1) nonprofits (15) NY (8) NY Court of Appeals (1) NY Mag (1) NY Press (1) NY Production Alliance (1) NY Times (4) NY Yankees (1) NYC Focus (1) NYC Mayor's Office (1) NYMag (3) O visa (1) Olympics (1) online rights (2) open-source (1) OSHA (1) P visa (1) partnership (2) patent (7) patents (3) PEDs (1) photography (5) PIPA (1) piracy (2) pitching (4) plan (1) policy (3) politics (3) Power Play (2) pre-1972 (5) privacy (5) producer (2) producers (20) producing (1) production company (12) production journal (1) production resources (2) production tips (1) profit (11) progress (1) projects (8) Promaxbda (1) promotion (5) PTAB (1) public domain (3) publicity (9) publishing (4) radio (2) Rakim (1) record labels (3) recording artist (1) registration (2) regulation (2) rent (1) Reporters Committee for Freedom of the Press (1) residuals (1) revenues (5) Richard Prince (1) Richard Pryor (1) royalties (1) ruling (3) safety (1) SAG-AFTRA (3) sales (4) satellite (2) SBA (1) SBA loan (2) scandal (2) science (1) SCOTUS (5) Script Reader Pro (1) SDNY (3) SEC (6) securitisation (1) seed capital (2) seed money (1) settlement (1) Sirius (6) small business (15) soccer (2) social media (5) software (3) Sony (3) SOPA (1) SoundCloud (1) Spiderman (1) sports (24) sports agent (3) Sports Agent Blog (1) sports law (2) Star Wars (1) startup (13) Starz (1) statistics (1) stock (1) strategy (28) streaming (10) student-athlete (1) studios (7) Sub Pop (1) successul film (5) summary judgment (2) Supreme Court (11) Supreme Court of NY (1) susan sarandon (1) Tax credit (6) tax foundation (1) tax inversion (1) taxes (10) technology (16) ted hope (2) television (11) The Art Law Report (1) The Atlantic (1) The Baffler (1) The Business of Sports (1) The Guardian (1) The Upshot (1) Theater (1) theatre (3) theatrical exhibition (4) theatrical window (2) THR (9) Time Warner (2) TPM (1) TPP (1) trade secret (11) trademark (31) transmedia (1) Triple Crown (1) Trump (1) TTAB (2) TV (3) Twitter (1) UFC (1) unions (3) US International Trade Commission (1) USPTO (7) Variety (2) VC (2) vendor (2) venture capital (1) video (1) video game (2) Vimeo (1) visualizations (1) VOD (2) Vox (1) Walmart (1) Warner Bros. (2) Washington Post (1) Wattpad (1) web series (2) webcast (1) webinar (1) website (5) WGA (1) What Every Producer Should Know (8) wikipedia (1) WME (1) work for hire (1) workshop (1) write-offs (1) writer (2) writers (4) WSJ (2) YFS magazine (1) youtube (3)