USIPA Entertainment, Arts & Sports
Vision
Empowering intellectual property to advance entertainment, arts & sports within the USA
Reach/Impact
Creators, educators, protectors, enablers and users in entertainment, arts & sports
Collaborating/Partnering (with)
USIPA committees, universities, schools, organizations and companies in entertainment, arts & sports
USIPA EAS Committee
Co-Chair Peggy Still Johnson
Pendulum-Productions, GO Media Productions
Co-Chair Lana Love
Celebrity Artist, Songwriter and Producer
Jack Bernard
University of Michigan
Vincent Castellucci
Digital Content Management Systems and Services
Wallace E. J. Collins III
ESQ.
Dennis D'Amico
Producer/ Songwriter
Jason Domir
Vice President and Deputy General Counsel, Atlanta Braves
Roy Kaufman
Business Development and Government Relations for CCC
Keith Kupferschmid
Copyright Alliance
Miriam Lord
United States Copyright Office
David Lowery
UGA Professor, Celebrity Artist and Founder of Camper Van Beethoven and Cracker
Julio Mejia
International Visual Artist
Wayne Overstreet
Co-CEO GO Media Productions
Lita Rosario-Richardson
Shulman Rogers
Mala Sharma
Sound Advice Consulting/Georgia Music Partners, Georgia Film, Music and Digital Entertainment Commission
Bruce Siegal
Greenspoon Marder LLP, Georgia Tech Professor
D’Angelo Thompson
Emmy Award-winning Makeup Artist and Professor
Elishia S. Thompson
Founder and Managing Director, EST Global LLC
George York
Recording Industry Association of America
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Save the Date: May 1, 2024 4 pm ET
USIPA EAS Virtual IP Roundtable Event:
“With the Advancements of Technology and AI, Do We Really Have Control of our NIL and IP?”
Video of the Roundtable Recording
Video of the Roundtable Recording
U.S. Chamber of Commerce interviewed USIPA EAS in their published blog "How to Protect Your IP: A Guide for Artists and Creators."
Copyright Alliance celebrates World IP Day 2023
COPY BITES™
Copy Bites is a publication prepared by the EAS section of the United States Intellectual Property Alliance.
Copy Bites is designed to provide interesting & informative information in entertainment, arts and sports IP issues.
ThIS publication includes articles curated by members of the EAS committee, each of whom has contributed to the mix.
The reader may scroll through topics and click links of interest.
WINTER 2022/2023 EDITION
TRADEMARKS
Trademark Application Surge Leads to Longer Wait Times
There has been a recent surge in trademark applications, prompted by eCommerce businesses and the increasing market for NFTs and the by brand owners to protect them. This has resulted in record numbers of filings, according to a blog post by David Gooder, commissioner of trademarks.
Trademark Application Surge Leads to Longer Wait Times | Licensing International
Inside Manolo Blahnik’s 22-year Trademark Battle
After two-decade long relentless battle in Chinese courts, the defeated a competing Chinese registration for its name and reclaimed the right to use the MANOLO BLAHNIK name in China.
Once a Hobby, Cosplay is Becoming Serious Business.
Cosplay – is it a fun hobby for people dressing like their favorite characters that flatters the IP owner, or potentially trademark or copyright infringement?
Once a Hobby, Cosplay is Becoming Serious Business | Licensing International
METAVERSE
Trademarks and Source Identifiers in the Metaverse: Practical Considerations for Brand Owners in a Newly Emerging Virtual Marketplace
As technology and the physical lives of consumers continue to converge, businesses active in metaverse and blockchain technologies will need to think about how their brands and source identifiers might evolve or change in these new digital spaces.
NFTS: NON-FUNGIBLE TOKENS
IP and NFTs: Where are We?
Article explores where things stand in the world of NFTs, including updates on efforts by the directors of the US Patent and Trademark Office and US Copyright Office are in conducting a joint study to address issues of IP protection, licensing and management of IP rights and litigation involving screenplays, luxury and sports brands. IP and NFTs: Where are We? | Seyfarth Shaw LLP, Lauren M. Gregory
COPYRIGHTS
The Supreme Court meets Andy Warhol, Prince and a case that could threaten creativity.
The iconic Warhol Prince series – the artist used a photographer’s photo as a reference point. “Fair use” under the Copyright Act? The Supreme Court heard the case and its ruling is sure to have significant practical consequences. The Supreme Court meets Andy Warhol, Prince and a case that could threaten creativity | NPR, Nina Totenberg
How Did Two Unknown Latin Music Operators Make $23 Million From YouTube? The IRS Says They Stole It.
The largest YouTube royalties heist in history is just a spotlight on a much larger problem of the online music royalty system.
YouTube Fraud Led to $23 Million in Royalties for 2 Men, IRS Says – Billboard
Rocky's Movie Rights Ownership & Controversy Explained.
Sylvester Stallone, despite having written the screenplays for Rocky and five other Rocky movies, lacks ownership movie rights to the franchise.
Rocky's Movie Rights Ownership & Controversy Explained (screenrant.com)
RIAA Flags ‘Artificial Intelligence’ Music Mixer as Emerging Copyright Threat
“The RIAA has submitted its most recent overview of notorious markets to the U.S. Trade Representative. As usual, the music industry group lists various torrent sites, cyberlockers and stream-ripping services as familiar suspects. In addition, several 'AI-based' music mixers and extractors are added as an emerging threat.”
NIL
The Need For Student Athletes to Insure Their Current And Future Earnings
The Lead1NIL Institutional report - a publication of Hackney Publications. Copyright © 2022, reproduced with permission – provides a comprehensive overview of cutting edge legal developments in the area of name, image and likeness (NIL) reform, whereby student-athletes are no longer prohibited from making commercial use of their respective NIL rights. The report features an article by Richard Giller on when and how student-athletes have a need to protect their earnings.
The Need For Student Athletes to Insure Their Current And Future Earnings | Richard Giller
Lexology: Student Athlete NIL Deal Do’s and Don’ts.
For companies considering an NIL deal, be mindful of the do’s and don’ts in adhering to the guidelines and maximizing opportunities.
Jacques Cousteau's granddaughter settles lawsuit over his name, image.
“The owner of late marine explorer Jacques Cousteau's intellectual property rights has resolved a legal dispute with his granddaughter over claims that she misused his trademarks and likeness in documentaries she produced, according to court filings.”
Jacques Cousteau's granddaughter settles lawsuit over his name, image | Reuters
SPRING 2022 EDITION
TRADEMARKS
Kilpatrick Townsend Theodore Davis Jr. and Rita Weeks
On December 27, 2020, the Trademark Modernization Act of 2020 (“TMA”) became law after it passed Congress and was signed by the President as part of the year-end Consolidated Appropriations Act for 2021, and amends the Lanham Act with respect to trademark registration practice. The amendments are the most consequential since the landmark Trademark Law Revision Act of 1988.
NFTS: NON-FUNGIBLE TOKENS
Greenspoon Marder LLP Sharon Urias
This article presents an overview of trademark and copyright considerations regarding NFTs.
Who benefits most as NFTs become more 'real'?
NFT’s in Art and Entertainment are becoming a reality and many celebrities like Madonna [billboard.com], Gwyneth Paltrow [apnews.com], and Snoop Dogg [coindesk.com] are buying NFT’s for large sums of money even sometimes to over a million dollars.
Video: Gary Vaynerchuk on NFT that involves a membership, based in this case on a VIP table in his new restaurant & a seat at his yearly conference good for 3 years.
Video: Katarina Feder, Vice President of Artists Rights Society & Florian Glatz, President of German Blockchain Association. They speak about copyright law & how we protect our property.
COPYRIGHTS
What will the Implementation of the CASE Act mean for me? An Update on the Copyright Claims Board and Launch of ccb.gov.
You may have heard about the Copyright Alternative in Small-Claims Enforcement Act of 2020, or CASE Act for short, which directed the Copyright Office to establish the Copyright Claims Board (CCB). Once operational, the CCB will provide a fair, efficient, and user-friendly way to resolve copyright disputes that involve up to $30,000. In preparation, the Copyright Office has announced the launch of its brand new website, ccb.gov, where businesses, creators, and users can learn more about the CCB, the types of claims it can hear, and reasons to consider using the CCB when it opens later this spring.
Musicians Seek Class Status in Suit Over Copyright Termination
A group of musicians are seeking class certification in a lawsuit alleging that UMG Recordings Inc. and Capitol Records LLC failed to comply with notices sent by the musicians that terminate the record labels' copyright ownership.
Photography Copyright Cases Photographers Should Know
Given the potential impact of the Warhol case for photographers, it is helpful to re-examine the development of copyright law in regard to photographs. This blog reviews influential photography copyright cases leading up to and including the Second Circuit court’s decision in the Warhol case so photographers and users of copyright protected photos can understand the current scope and limits of protection for this highly creative art form.
When ‘Ben-Hur’ went to the Supreme Court and changed Hollywood forever
“In 1971, when CBS broadcast the 1959 film ‘Ben-Hur’ on television for the first time, more than 85 million people tuned in to view this Hollywood spectacular of friendship, betrayal, revenge, redemption and — of course — a thrilling chariot race.
However, that film — winner of 11 Academy Awards, including best picture — was not the first movie about this fictional story in the Holy Land. Two silent ‘Ben-Hur’ films were produced in 1907 and 1925. The first one spawned a major lawsuit on intellectual property rights that went all the way to the Supreme Court, leaving a legacy that still affects the movie industry today.”
When a vampire not called Dracula bested the copyright system, and what it tells us about derivative works
“This Kat has never been much into vampire lore, although our youngest did convince his parents to purchase the full set of episodes for Buffy, the Vampire Slayer. Vampires have been accused of many things over the centuries. But for IP types, perhaps their most notable accomplishment was the revenge that they took upon the copyright system. Last month marked one hundred years since the first screening in Berlin of the iconic vampire movie—Nosferatu: A Symphony of Horror. And, while the copyright laws were used to try to keep the film from public view, ultimately it failed, to the continuing benefit of cinematic creation. The tale of Nosferatu shows the sometimes-uneasy relationship between copyright protection and the making of derivative works.”
Appropriation Art vs. Copyright Law: A Recent Setback for the Promotion of the Arts
“The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. In the past few years, the Second Circuit in particular has had the difficult task of reconciling copyright law with appropriation art, an artistic style predicated on the intentional use of preexisting images and objects. The user alters the original works to create a new aesthetic experience and/or meaning.”
Delete Your Account, Internet Archive – No One is Burning Digital Books
Writing at the Centre for Free Expression, Writers Union of Canada Executive Director John Degen takes aim at a recent op-ed by Internet Archive’s Chris Freeland: “Because a demand for someone else’s property is an unjustifiably selfish act, the champions of ‘gimme’ like to disguise their motivations by styling themselves as freedom fighters. Their rhetoric is silly and disingenuous, self-aggrandizing and laughable. Occasionally though, it wanders into the realm of the truly bizarre and dangerous.”
(Canadian) Federal copyright repair is an immediate need
Two Years After Allen, SCOTUS Poised to Revisit Copyright Infringement by State Entities
The IP Watchdog blog has identified two cases that may soon make it to the Supreme Court’s docket regarding copyright and sovereign immunity. The primary focus is on the cert petition in Jim Olive Photography, which the Supreme Court is set to consider on March 18. The plaintiff there is asking the Court to vacate a decision of the Texas Supreme Court holding that a copyright infringement by a state agency cannot constitute a taking because that decision is contrary to the US Supreme Court’s recent decision in Cedar Point Nursery v. Hassid (2021) that union organizing on a company’s property constitutes a taking of that property.
Comments on NIST Study To Advance a More Productive Tech Economy
On January 31st, the Copyright Alliance submitted public comments to NIST [federalregister.gov], outlining “three main principles that must form the basis of the copyright and AI discussion: (1) A respect for copyright that does not prioritize the interests of those developing AI systems over the rights and interests of creators and copyright owners, (2) Creating workable rules will require serious, thoughtful study of all potential ramifications and a good understanding of what AI is now and where it is going, and (3) Rather than speak in generalities, the interplay between copyright and AI will need to be evaluated on [its] own facts and on a case-by-case basis.”
Andy Warhol Copyright Case
Next session, as newly-confirmed Justice Jackson sits down to work with her colleagues, Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith —a major copyright case concerned with the application of “transformative use” reasoning in the context of the fine arts —is scheduled to come before the High Court.
CCB.gov Website Launch
On April 7th, in one of the final steps required before the CASE Act is implemented, the web site for the Copyright Claims Board was launched.
Maryland Gives Up on Its E-Book Law
National Association Of Realtors Is Fighting A Copyright Ruling On Floor Plans
Corint Media enforces press copyright against Microsoft in court
“After almost two years of talks about the licensing of press content by the Microsoft Bing search engine, the Corint Media supervisory board decides to take legal action.”
NIL
Name, Image & Likeness
The NCAA rules for many years prevented student athletes from taking advantage of their success, including earning compensation through licensing and sponsorships. After many years of pushback, the NCAA has changed courses regarding its rules over college athletes’ name, image, and likeness (NIL) rights. Thanks to a new policy put into place by the NCAA on July 1—and a wave of state laws that took effect to reinforce the rule—college athletes can now use their NIL to market products through sponsorships and brand deals. Meanwhile, the NCAA remains hopeful that Congress will act in passing uniform federal legislation.
STREAMING
Comedians feud with streaming platform over their IP
Spotify already pulled a bunch of comedian content over IP concerns. Pandora’s doubled down on streaming comedy and now face lawsuits over it. Because for years the services paid record labels for comedian recordings and just… didn’t pay the comics.
How Apple's Oscar Win Changes the Streaming Game
Apple Wins the Oscar for Best Picture for Coda. This makes Apple the first streaming service to win Best Picture. Content acquisition was already on the rise for streaming services and Apple’s win changes the streaming game and investment in content.
VIDEO GAMES
How to translate video game IP to tabletop?
The gaming industry has never been more popular than it is today. In 2021 alone, it's estimated to have generated over $180 billion [newzoo.com] in revenue. Not only are video games at an all-time high, but board games have seen a massive resurgence in popularity with the tabletop gaming space expected to grow over 13% by 2026 to an estimated $13 billion in revenue [researchandmarkets.com]. Not only are video games and tabletop games experiencing a revival, but specifically tabletop adaptations of video games have begun to emerge and gain steam like never before.
Will there ever be unity between music creation and copyright ownership?
