My Name is Tina Fair. As an Artist manager, I will be
offering my services under the business name Fair Employment and Entertainment
Opportunities. It would only be fitting that consumers expect me to have some knowledge
around issues of what is fair in the Entertainment Industry. As a non -
Attorney, it is important to recognize that I am not trained to give legal
advice nor do I claim to have the vast education of an individual who has
successfully obtained a juris
doctorate degree.
To gain some insight on the legality of fair rights, this
post will review contemporary challenges and strategies derived from three
different podcast. Developed by Attorneys with specific training in
Intellectual Property and Entertainment Law, the following links, provide the
full context of the podcast.
From the first podcast, we learn about the importance of
copyright to maintain a fair opportunity for the artist to drive sales of their
work. This challenge overall has become more complicated as new
technologies emerge. The specific development of the Internet has created the
biggest threat to the sale of CD’s. The CD itself was created in 1989.
Initially, the CD was celebrated because it replaced the cassette and its
digital quality was more precise. According to the author, “The problem with
the digital source like CD, is it created a perfect copy. It also made perfect
generational copies/ (a copy of a copy).”[1]
Having listened to this podcast, there is a review of the problem
with copyright as it relates to the Internet. What is revealed is the need to
manage the fear that eroded in the recording industry. The Recording Industry
Association has been designing models to limit the access and eliminate the
threat of [RIA]’s unique value to the artist.
According to the podcast, the answer to the machine is in
the machine,”
After the creation of Serial Copy Management System (SCMS)
to appease [RIA], came [DNR]. Neither of the systems was completely effective. Consumers rallied for rights to freedom of information on the Internet without regulations.
As the power of individual access to Internet forged underground methods of acquiring and distributing music, the need for the artist to claim their Intellectual Rights is further increased. Steve Jobs showed the world in 2005 the answer to what was fair. He introduced the iPod. Steve Jobs introduced the iPod as a resolution to the challenge. Siding against DNR.
As the power of individual access to Internet forged underground methods of acquiring and distributing music, the need for the artist to claim their Intellectual Rights is further increased. Steve Jobs showed the world in 2005 the answer to what was fair. He introduced the iPod. Steve Jobs introduced the iPod as a resolution to the challenge. Siding against DNR.
By the year 2012 rappers begin to design their own innovations to respond to the challenge of "the machine is in the machine,' Rapper LL cool J launched his new studio like technology to create music in real time. As new inventions wrestle to explore what is fair in copyrights of sounds, it is important to seek permission of trademarks.
The second podcast discuss some of the risk and threats to
trademark permissions when branding in social media.
According to the podcast, if is an artist who is using the Internet
should not only protect their name domain “one must take a multidisciplinary
strategy” [2].
- · There must be a squatter’s policy to detect the misuse of your site.”
- · The other way to protect the building of your brand would be
- · It is also important to register your marks with trademark to prevent infringements
As social media becomes more than the primary method of
accessing a business and the work of an artist, this information is helpful in
learning strategies that can result in a fair practice. If an artist believes
their rights have been infringed upon, these practices can improve the chances
of a lawsuit that results in a winning case.
·
The final podcast from Entertainmentlaw.com
Episode 37 reveals many areas of concern for artist across a large span of
disciplines. Some hot topics include
- · Fair Use of a word
- · Fair use of a name
- · Fair use of an image
- · Fair use of the definition Net Profit
Many cases are cited to demonstrate the increased need to be
aware of the style of word used when seeking trademark permissions. One case
cited a law suit filed by an artist who calls herself the “Persian
Barbie.” Unable to win the case against the TV Show who uses the same name for
a character, we learn that it was fair use because the trademark name was “
descriptive,” therefore more difficult to obtain an official trademark.
In summary the increased speed of information in real time
creates increased needs to protect the rights of work by artist across
disciplines. With so much freedom of information it is important to tap into
the wisdom of professionals and Attorneys as in these podcast to be certain and
aware of what is or is not fair.
References:
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