THE RIGHTS THAT COUNT

Two of the most things to a business are trademarks and copyrights. They make a business unique and makes sure it stays that way. Christine James talks about Trademark Law in her very informative podcast. The purpose of trademark law is to provide consumers with source identifiers and because source speaks to various qualities of a product or service. Trademarks can be a name, logo, slogan, patent or even a character. A good example of a character would be Disney. Disney has many characters but each one is a trademark of the company. A trademark only lasts for ten years and a company has to have sales to keep a trademark. Disney is good with this by bringing back old character for resale for a limited time. The little TM after a trademark only protects in the state it was registered in. The little circle with the R in it gives a trademark international protection.

Creighton Frommer podcast on Copyright Law provides understanding of the basics of copyright law. A copyright is only federal and lasts for the duration of the owner’s life plus years. This time span is designed to provide a revenue stream for the copyright owner and their family members after their death. Copyrights come in many categories of works. These categories include literary works, dramatic works, motion pictures, sound recordings, musical works and more. Copyrights can’t protect everything. Some things copyrights can’t protect are ideas, facts, names, typefaces, dedicated works, and an expired/forfeited copyright. Copyrights give the owner the exclusive right of reproduction, adaptation, publication, performance and display. Copyright.gov provides the forms to register for a copyright.

Gordan P. Firemark podcast “360 deals, rights of publicity, and more” features music lawyer Erin Jacobson. Erin represents music lawyer Erin Jacobson on it. Erin represents musicians, songwriters, producers, companies, and other entertainment professionals in California. Erin explains what the California Talent Agencies Act is. This act requires any person who procures employment for an artist to become a licensed talent agent or agency by the California Labor Commissioner. 

HELLO LIABILITIES

If you are an owner of a venue, you are always open for liabilities. This list of liabilities can get pretty long and can include things like safety, selling business to minors, stars coming up randomly, etc. In most cases a venue owner is well aware if there is going to be a celebrity coming, but every now and again something out of the norm happens.

Venues owners sometimes feel that if a celebrity is hosting an event at their venue, that everything is going to be okay. That was not the case when rapper Drake showed up with his entourage at an Oklahoma City nightclub during a private party. According to the nightclub owner, the police was called when marijuana smoke was smelled in the rapper’s VIP section. That caused the place to be shut down, the club owner was arrested and the owner received a ticket because a smoked joint was found on the grounds of the nightclub. All of this liability was placed on the club owner but he really did not play a role in these events.

A liability took place at one of the country’s largest venues in 2011. The day after Christmas, a riot take place over rumors that rappers Drake and Lil Wayne were going to be visiting the mall. As a venue owner, who really knows when something like this will take place? There was as many as 200 people involved in the outrage. This included people running around, thing thrown, and people fighting.

Some liabilities will walk right in a venue and cause the place to get shut, leaving the owner looking clueless. In February 2012, ex-nightclub “Karma” was the center point for an indoor shooting, leaving one person dead and 19 others injured. The event caused the club owner to lose his license and close the doors of the club for good.