Sunday, December 18, 2011

Industry Expert



Mathew Middleton:

Mathew Middleton a lawyer, who has been in the field for 14-years and he as been entertainment lawyer for in the music industry for the past 10 years. He is a high-powered, veteran entertainment attorney, of the Middleton Law Group.

Mathew Middleton has worked with entertainers such as DMX, Foxy Brown, Juwel Santana, Chris Brown, jagged edge, Fabulous, Shyne, Mario, and different athletes. 

Middleton states that writing, and creating content puts you ahead of the game in the industry.  He also states that its all about the copyright and intellectual property, because when you own publishing, and copyright, it gives you that ability to constantly receive income through other means, other than performing. Middleton says “Content is King”.  He also discussed the pros and cons of being an independent artist; having the resources to market, promote, publish, and write can benefit you more than being assigned to a label, because the record label and all parties need to get paid so your royalties will be very limited. 

His advice to others is Learn the business as much as you can by interning and getting the skills you need, and maintaining your integrity at all times.


Gordon Firemark:

He is a lawyer practicing in the field of entertainment and media law.  He is the author of a e-book called Podcast Guide and New Media Producers Survival Guide, because is says not many people can not afford to hire a lawyer on a retainer and this book could help in someone career of podcasting.

 Podcaster are owners of their work and they are not concerned about copyright infringement because that’s their original work.  When an author creates a work of authorship, once its recorded, written down, or placed on canvas and it’s their original work, it is automatically copyright material and it should be registered. If you are adding someone else work in your media, such as videos, or music you should get that information licensed to you so that you do not infringe on someone else work.  Podcaster should get their episodes registered so that the law of infringement covers them; the work can be bundled and protected for a small fee.  Show titles are not covered by copyright; you must trademark the name of the show to protect it. Firemark suggest getting royalty free music is something to consider when creating your podcast.

Firemark suggest if someone use your copyright work without permission, asking the person to take the information down will mostly likely work, if that doesn’t work you can send them a letter to cease and assist.   Podcasters should be mindful to get permission from the person that they are airing in their podcast, let the person know in advance what your intentions are to utilize their voice; getting them to sign a contract in advance would free you of any problems later.


John L. Welch

John L. Welch a lawyer at the firm of Lando & Anatasi, LLP, he is one of the top trademark lawyers in the country, he is a frequent author and speaker on trademark law issues. He discussed the Bose decision of the Court of appeals for the Federal Circuit and how it has affected trademark owners, practitioners, and USPTO.

Trademark registration is a valuable asset; it provides nationwide protection and constructive notice that allows the owner the right to use the registration symbol.  Bose committed fraud on the USPTO in renewing registration.  Bose initiated an opposition against Hexawave trademark.  Hexawave alleging, that Bose’s prior registered trademark the WAVE, was discontinued prior to them taking the wave trademark.  Bose’s committed frauds when they began using the wave mark again; after it was not re-registered with the USPTO.  The board ordered the cancellation of Bose’s WAVE mark registration in its entirety. 

When you have a trademark you must re-register the trademark if you want to keep you mark.  If another company takes on that trademark and it was not registered it becomes the trademark of the new company.  You can be sued if you continue using that trademark that was registered in some one else company.



http://www.youtube.com/watch?v=F8dm4GwZ62g
http://legaltalknetwork.com/?powerpress_pinw=7449-podcast
http://www.melinelegal.com/?tag=trademark
http://firemark.com/?powerpress_pinw=2505-podcast