Tag: #IntellectualProperty
This series relates to the legal landscape of podcasting. Lutzker & Lutzker has been advising major publishing and individual clients in this area since 2010. Sixteen years later the industry has evolved significantly, but the underlying premise remains unchanged: creators benefit from a proactive legal strategy for content creation and distribution. Intellectual property law provides [...]
Read moreAs podcasts continue to proliferate, the legal considerations are increasingly complex. Some podcasts are solo episodes, some have co-hosts and guests, some are produced by the podcaster, and some are produced by an agency. Some consist solely of audio, while others include accompanying video. To avoid cease and desist letters, infringement suits and takedown alerts, [...]
Read moreLicensing intellectual property is often a significant component of producing a podcast that incorporates material created by others, such as music, photographs or film clips. Most often a podcast’s third-party content should either be in the public domain (for example, once the copyright term has expired) or be authorized for use. If it is not [...]
Read moreAge-based content restrictions are not novel. Courts have held that restrictions imposed to protect minors can be constitutional, as states have the power to shield children from inappropriate material. One well-known example is the Motion Picture Association’s movie ratings based on the age of viewers (i.e., Rated R or PG-13). The modern age allowance dilemma [...]
Read moreJoe’s Crab restaurants are all across the United States; some are casual seaside shacks and others are high-end establishments. But how can so many restaurants share the same or similar name? Under U.S. trademark law, if there is no federal registration, the rights to a mark are local and depend on who first used the [...]
Read moreThis series highlights the legal complexities of co-ownership of intellectual property — copyrights, trademarks and patents. The assets involved can be as varied as brand names, trademarks and logos, as well as creative works such as songs, artwork, plays, films, music, symbols, inventions and written materials. Co-ownership issues span all industries and affect individuals, collaborators, [...]
Read moreCounterfeit goods enter the United States each year in mass, posing health risks and undermining brand value. Recording your products with U.S. Customs and Border Protection (CBP) can offer valuable protection if they are vulnerable to foreign counterfeiting. CBP cannot seize or destroy counterfeit goods at the border without a registered trademark and recordation. Recordation [...]
Read more