In The News

Intellectual Property Spring Institute will Feature Paul Kruse

Bone McAllester Norton attorney Paul Kruse has been added to the list of faculty at the Tennessee Bar Association’s Intellectual Property Spring Institute 2015. This all-day session will feature experts with advanced experience in trademarks, fair use and licensing.

Paul is a trademark attorney with the firm who helps clients across industries protect their trademarks with high quality, creative and comprehensive services, including trademark clearance, registration and policing. He also handles copyright, right of publicity and domain name matters that touch on trademark law.

The Intellectual Property Spring Institute will take place Friday, April 17, at the Tennessee Bar Center. A total of six CLE credits are available.

For more information, click here.

 

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 39 attorneys and offices in Nashville, Sumner and Williamson counties, Tennessee. Our attorneys focus on 18 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

VIDEO: Protecting Your Copyright

In this short video, I explain why it's important to protect your creative works with a copyright--and it's probably more inexpensive than you thought.

Enjoy!

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Nashville Film Festival Begins -- Good Time to Consider Legal Issues in Film

Get ready for some great films, Nashville.  Running continuously since 1969, this year's Nashville Film Festival is slated for April 18-25, 2013.  This year's Festival will also celebrate Kurdish Films, presented in part by the Academy of Motion Picture Arts & Sciences.

This is also a great time to consider legal issues in film.  For film-makers, these range from obtaining clearance to use music in films to protecting your script and your work through copyright, both pre-publication and after the movie has been shown to the public; from protecting the name of your film and merchandise through trademark to obtaining permission to model characters after actual people (the "right of publicity"); and from drafting contracts to obtain financing to negotiating distribution deals.  When these issues aren't dealt with on the front end, confusion ensues, feelings get hurt, and lawsuits get filed.

For some good free resources, check out the websites of Arts & Business Council of Greater Nashville and FilmNashville.  For more tailored advice, talk with your attorney or one who focuses on entertainment legal issues.

Stop by this year's Film Festival for not only a movie but also one of the panels that explore some of these specific legal issues.  Get your tickets here.

 

All is Fair (Use) in Love and Copyright with Stephen Zralek

Bone McAllester Norton’s Stephen Zralek will speak at the March 20th meeting of the Arts & Business Council of Greater Nashville on All is Fair (Use) in Love and Copyright. In his presentation, Stephen will look at several close cases and let attendees judge for themselves as to whether the infringement should be permitted under Fair Use defense. The presentation is interactive, comparing side-by-side examples of original works with later works where the original author claims infringement. Examples include a comparison of Margaret Mitchell’s Gone with the Wind and The Wind Done Gone by Nashville author Alice Randall; a comparison of the original Roy Orbison’s “Pretty Woman” song and 2 Live Crew’s version of it; and a comparison of more recent works created by contemporary photographer Patrick Cariou and appropriation artist Richard Prince. The presentation will explore recent decisions from within the Sixth Circuit and around the country, examining the four factors that courts examine when determining fair use.

Wednesday, March 20, 2013

Noon – 1:15 p.m.

Back 40 at Emma

9 Lea Avenue

Nashville, TN 37210

 

 

Bone McAllester Norton PLLC is a full-service law firm with 33 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 16 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

All is Fair (Use) in Love and Copyright with Stephen Zralek

Bone McAllester Norton’s Stephen Zralek will speak at the January 29th meeting of The Copyright Society of the South on All is Fair (Use) in Love and Copyright. In his presentation, Stephen will look at several close cases and let attendees judge for themselves as to whether the infringement should be permitted under Fair Use defense. The presentation is interactive, comparing side-by-side examples of original works with later works where the original author claims infringement. Examples include a comparison of Margaret Mitchell’s Gone with the Wind and The Wind Done Gone by Nashville author Alice Randall; a comparison of the original Roy Orbison’s “Pretty Woman” song and 2 Live Crew’s version of it; and a comparison of more recent works created by contemporary photographer Patrick Cariou and appropriation artist Richard Prince. The presentation will explore recent decisions from within the Sixth Circuit and around the country, examining the four factors that courts examine when determining fair use.


Tuesday, January 29, 2013

11:30 a.m. – 1 p.m.

BMI, 1st Floor Conference Room

10 Music Square East

RSVP by Friday, January 25th : 615-424-3014

Stephen Zralek Speaks on Copyright Fair Use and User Generated Content at BarCamp

Stephen led a session called “All is Fair (Use) in Love and Copyright” where the audience looked at close calls and were the judge on what’s infringement and what’s fair use.  This session was designed as an intro to fair use for anyone who creates or posts content.

He also served on a panel with Rob Robinson, Nissan’s Senior Specialist for Social Media, called “Laughs & Likes: Using User-Generated Content and Comedy to Drive Business & Build Excitement,” where they looked at a real world example in which Nissan invited fans to submit ideas to promote the new 2013 Nissan Pathfinder, then partnered with The Second City comedy troupe to generate improv music videos.

BarCamp is a free, technology-focused “unconference” that is equal parts networking, knowledge-building and fun. BarCamp has become the premier technology and digital event in the city, bringing together the best minds and representations of the hottest companies in the digital, entrepreneurial and software industries, among others.

Stephen Zralek to speak on Copyright Fair Use and User Generated Content at BarCamp on Saturday, Oct. 20

Stephen is leading a session called “All is Fair (Use) in Love and Copyright” where the audience will look at close calls and be the judge on what’s infringement and what’s fair use.  This session is designed as an intro to fair use for anyone who creates or posts content.

He’s also serving on a panel with Rob Robinson, Nissan’s Senior Specialist for Social Media, called “Laughs & Likes: Using User-Generated Content and Comedy to Drive Business & Build Excitement,” where they’ll look at a real world example in which Nissan invited fans to submit ideas to promote the new 2013 Nissan Pathfinder, then partnered with The Second City comedy troupe to generate improve music videos.  Sign up to attend before registration closes.

BarCamp is a free, technology-focused “unconference” that is equal parts networking, knowledge-building and fun. BarCamp has become the premier technology and digital event in the city, bringing together the best minds and representations of the hottest companies in the digital, entrepreneurial and software industries, among others.

Stephen Zralek to be a guest on "This Week in Law" podcast

IP Attorney Stephen Zralek will be a guest on "This Week in Law," a weekly podcast that is part of TWiT.TV on Friday, July 20th. He will be part of a panel and will discuss topics such as the Righthaven cases, the regulation/lawlessness of the Internet, the evolving law of social media, fair use in copyright and copyright issues in Pinterest.

To learn more about the podcast, click here.

Three Days in January Made Copyright History

Stephen J. Zralek © 2012

Three days in January 2012 witnessed some of the most important events in recent history in the world of copyright.

On January 18, the Supreme Court issued Golan v. Holder, which held that Congress is empowered remove works like the symphony classic Peter and the Wolf from the public domain in the United States, preventing orchestras, musicians and others from using these works unless they get permission and pay a license fee to the copyright holders.

On the same day, the technology community mobilized millions of people to voice their disagreement with SOPA and PIPA, two bills supported by the entertainment industry that were designed to fight online piracy. After blackouts by Wikipedia and protests encouraged by tech giants like Google, by January 19 most members of Congress had withdrawn their support for both bills.

On January 20, the United States arrested Kim Dotcom. He was arrested in Auckland, New Zealand for a file-sharing site called Megaupload.com that was based in Hong Kong. The site allegedly generated over $175 million by illegally copying and distributing music, movies and other copyrighted material without authorization.

What does all of this tell us? Three important things.

First, protection of our country’s intellectual property relies on international cooperation. For us to arrest Mr. Dotcom, who is alleged to have stolen millions from American content creators, we needed the help of authorities in Hong Kong and New Zealand. Which is where Golan v. Holder comes in: no one likes hearing that Peter and the Wolf and other classics have fallen out of the public domain and back into exclusive ownership, but for our country to benefit from international copyright treaties, we also must abide by them. International treaties are what prompted Congress to pull certain works out of the public domain, and what prompted the Supreme Court to reach the conclusion it reached in that lawsuit.

Second, if we didn’t recognize it before the rise and fall of SOPA and PIPA, there’s no denying the tension between content creators and content providers; between the entertainment industry and the technology industry. Our technology is intertwined with our entertainment and our content, so we need these camps to work together. Unfortunately for now, the tension is insurmountable: technology camps want free flow of information while content creators want protection for their original works. Ultimately, these two teams will have to reach a compromise, and Congress cannot ignore the need to protect American intellectual property from online international piracy, like the theft allegedly coordinated by Mr. Dotcom.

Finally, the online protests of SOPA and PIPA mobilized a new segment of concerned citizens. Google claims it gathered over seven million signatures in 24 hours in opposition to the bills. The implications of that statistic are simultaneously infinite, impressive and intimidating.

Stephen Zralek talks to WKRN about reclaiming copyrights

WKRN interviews Stephen Zralek about reclaiming copyrights.


Click for the video.