We may not sing or dance, but we know music!

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Posts by Ramona P. DeSalvo

Cecily Tyson – A True Legend

Cecily Tyson passed away last week on January 28, 2021.   It does not seem quite right, does it?  Legends like Ms. Tyson should live forever as we want to continue to see her in more films and television.  No one could do Sipsey in “Fried Green Tomatoes,”  or Binta in “Roots” or Rebecca in “Sounder”…

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Who Consented to the Consent Decrees?

Anti-trust!  Unfair competition!  Monopolies!  Consent Decrees!  We know many folks are clamoring about it due to “Big Tech”, but just exactly what does this have to do with the music industry?  In 1941, the United States, through the U.S. Department of Justice, brought lawsuits in the Southern District of New York against ASCAP and BMI…

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Non-disclosure Agreements: Do I Need One?

Non-disclosure agreements (“NDAs”) are written agreements among two or more parties in which one or both sides agree to not disclose confidential information obtained from the other(s).  If a person believes that he or she is about to reveal something unique, sensitive, or proprietary, then it is best to have the receiving party sign a…

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Copyright Small Claims Act Passes Congress

Congress finally did something!  On December 21, 2020, Congress passed the CASE Act, the Copyright Alternative in Small Claims Act of 2020.  It also passed an act on penalties for certain digital transmission services that make unauthorized uses of copyrighted works for profit.  Both laws passed as part of the Consolidated Appropriations Act of 2021,…

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The 5Pointz Saga is Finally Over

The United States Supreme Court denied developer G&M Realty’s petition to hear its appeal from the decision of the Court of Appeals for the Second Circuit in which the developer was found liable under the Visual Artists Rights Act (VARA) for the whitewashing of certain graffiti art painted onto the developer’s dilapidated buildings slated for…

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Works for Hire – Just Exactly What Does It Mean?

A songwriter hires and pays a person to create a musical track for the lyrics the songwriter has written.  An artist hires and pays three background vocalists to sing on a recording featuring the artist. A business owner hires and pays a photographer to photograph the business for use on the business owner’s website. Who…

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U.S. Copyright Office Updates about Updating

The U.S. Copyright Office has undergone massive changes over the past few years in their efforts to catch up with technological advancements and to be more efficient in the handling of registrations, recorded documents, and other filings. Currently, the Copyright Office is transitioning its recordation system from the age-old paper method to a digital platform. …

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Make No Bones About It, a Skeleton May Be Copyrightable

Recently, an appeals court was faced with deciding if a sculptural work of the human skeleton is protectible by copyright law.  It very well may be! A company created a very large sculpture of a human skeleton called a “Maniken”, dwarfing the size of most standard skeletal frames.  The Maniken portrayed the human body and…

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Copyright Office Modernization

The Music Modernization Act has been on everyone’s mind as we await the launch of the Mechanical Licensing Collective’s database on January 1, 2021. www.themlc.com What may be less exciting but desperately needed is the modernization of the U.S. Copyright Office. Many changes have occurred in the past few months, including increased fees as of…

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Remember When?

Remember when several courts held that the existence of copyrighted materials on the Internet cannot by itself justify an inference that an accused infringer accessed the copyrighted work? Many copyright attorneys remember these cases, but apparently, a songwriter and his attorneys in North Carolina do not—or at least they thought they had more valid “access”…

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