When Is The Best Time To File A Copyright Application?

Recently we were asked whether an author of a book-in-progress should file a copyright application to protect the book now or wait until the book is finished. In this situation it sounded like there isn't a big need to file the copyright application now because it is not a situation where there is a high likelihood of pre-publication piracy as there often is with sound recordings by popular recording artists or major motion pictures. If you are concerned about pre-publication piracy, then the scale tips in favor of registering the copyright in the unpublished version or using the Copyright Office’s “pre-registration” system. (Check the Copyright Office website for more info about the “pre-registration” procedure). On the other hand, given the relatively low filing fee for a copyright application ($35 if filed online), it might make the author “feel” better to know that the unpublished version has been registered for copyright purposes. But…….registering the preliminary unpublished version is no substitute for registering the copyright in the finished version when it is available. Thus doing it twice will increase the costs. But given the relatively low cost of the filing fee, that may not be much of an impediment. Another issue to consider in this kind of situation is whether there is enough original authorship in the work now to support a copyright application. If all you have is a one paragraph summary of what the book is going to be or just an outline, it is not clear that the Copyright Office would accept the copyright application. What is enough original authorship for copyright registration purposes is a difficult question to answer with any precision and is probably worth a blog entry all of its own.

Dueling Golf Ball Patents: Who Knew Golf Balls Could Be Worth All the Trouble?

The golf ball wars between the makers of Titleist and Callaway golf balls continue. A federal court judge recently lifted an injunction which had prohibited the manufacturer of the Titlteist Pro V1 from selling the balls. Here is an article that describes the latest in the ongoing battle between the two golf kings.

Trademarks & The Name Game: Why Change?

Lately we seem to be hearing more about "branding", "maintaining your brand", "creating your own brand", etc. etc. There once was a TV show called "Fame Is the Name of the Game". In business it's really "Fame is the Game of the Name". So why would a company with a famous 90 year old brand like "Radio Shack" change its name to "The Shack"? Does it make sense to do that? Here is an interesting article that summarizes the recent change from "Radio Shack" to "The Shack" along with some other famous name changes such as Galvin Manufacturing Corp. to Motorola Inc. and Matsushita Electric Industrial Co. to Panasonic Corp. And here is a well-written critique of Radio Shack's decision to change its name.

The Value of a Name: Pirate Bay

Logic tells us that a McDonalds franchise location probably wouldn't be worth as much without the ability to use the McDonalds name, the golden arches and the familiar McDonalds color scheme. Those unique identifiers - trademarks - help make each McDonalds location worth a lot more than a restaurant in the same spot that didn't have those familiar icons. The same can be said about many familiar franchises and brands. But how do we place a value on what a name and trademarks are worth? Here is a recent story about the efforts by a Swedish internet cafe operator to buy an online file-sharing website called Pirate Bay for almost $8 million - even though the current operators of the website were criminally convicted in April and were ordered to spend a year in prison and pay almost $4 million in damages and the Motion Picture Association of America has requested that a court in Sweden stop the website from making available unauthorized copies of movies, TV shows, videogames, etc. Why is Pirate Bay worth $8 million plus whatever it will cost to operate it going forward? Apparently because the new buyer believes it can convert about 10% of Pirate Bay's current 20 million subscribers into legit customers who will pay for downloads.

It should be interesting to see how this works out.

The Problem With Net Profits Deals: Ask the Tolkien Heirs

Whenever we have clients consult us about a movie, TV, book or other deal where they are supposed to be paid for their work on a net profits basis, our red flags start going up. Here's an example of why that happens to us. As you will see, even after all this time and three hugely successful films, the heirs of "Lord of the Rings" author J.R.R. Tolkien are yet to receive any of the net profits they are entitled to.

COMIC-CON UPDATE: "Comic Book Law School"

Like the "Attack of the Killer Tomatoes" that took over the countryside back in the 80's, Comic-Con has arrived once again in San Diego and is taking over the town for the next few days. What started as a small little geek-fest some 20 years ago has become a cultural epicenter for all kinds of entertainment, science fiction, movies, music, and - of course - comic books. We are pleased to have been invited again to speak at Comic-Con on current legal issues relevant to the Comic-Con crowd. Here is the entry from the Comic-Con programming guide about the panel discussion we will be participating in today:

3:30-4:30 Comic Book Law School: Hot Topics— Move over Whoopie and Barbara! It's time for these savvy legal minds to share their views on the ever-evolving legal world, spotlighting cutting-edge, evolving issues being faced by the creators, publishers and distributors of creative works. An all-star panel of attorneys—David Branfman, Alexander Harwin, and David Lizerbram, with moderator Michael Lovitz—shed light on important issues facing individuals and companies alike. Topics will include the new online copyright application process, preregistration of copyrights, fair use, piracy, and the growing popularity of the CopyLeft movement. (Please note: The Comic Book Law School seminars are designed to provide relevant information and practice tips to practicing attorneys, as well as practical tips to creators and other professionals who may wish to attend. This program is approved for one credit of California MCLE.) Room 10

For any of you who will be at Comic-Con today, please stop by and let us know what you think about all of this.

Internet Radio, Royalties, Musicians, and Record Labels:

I was raised on radio. By that I mean I can barely remember a time when I didn't listen to music on the radio. The idea of hearing something new I've never heard before - along with something I loved a long time ago that I haven't heard in a while - has been part of the soundtrack of my life for a long time. But somewhere along the way - I don't know exactly how or when it happened - I stopped listening to music on the radio at work. At least when it comes to old-fashioned over-the-air broadcast radio, that is. In fact, I still listen to music on the radio all day at work - except that now it's Internet streaming radio that I play through my computer speakers. With a few keystrokes on my keyboard, I can change the station without hardly moving. But behind that simple act there is a lot of money to be made and lost by Internet radio stations, record labels and recording artists. Here is an article that describes a new deal that has been cut to dole out some of the money that is being made. This deal means that Internet radio is going to be around for at least a while longer.