In an earlier article we looked at the detailed requirements placed on health club operators in the state of California under the California Health Studio Services Contract Law. Like California, many states have laws specific to health and fitness club operators. For those looking to establish a presence in multiple states, state-by-state adjustments must be…
Under U.S. copyright law, recorded music contains two distinct copyrights: (1) for the lyrics and musical composition; and (2) for any recordings of that composition. Of course, if there is no recording of a written composition, there is only one copyright. The songwriter’s copyright is typically owned by the songwriter/composer or his or her publishing…
In previous articles we have written about the National Collegiate Athletic Association v. Alston, et al. Supreme Court decision, which threw the door open to allowing college athletes to generate money from licensing their rights of publicity, also known as NIL rights (name, image, likeness), leading to legislation like the California Fair Pay to Play…
“Puss, you got options. Don’t let anyone make you feel like you don’t have any options . . .” – Tony Soprano Undoubtedly, it is good to have options in the “waste management” industry. Indeed, options are crucial to the entertainment industry as well. Although we suspect that the option agreement discussed in this article…
Under Copyright law, the default assumption is that the creator of an original work is the “author” of that work and, therefore, the copyright owner of that work. The most common exception to this default assumption is when a work is created as a work made for hire, i.e., when a person is contracted or…
When opening a gym or health studio, whether you are a large health club providing a broad range of offerings or a small, specialized studio, one of the first decisions that you’ll need to make is how you want to contract with your members. You may contract with customers on a simple month-to-month basis, allowing…
Regardless of what you do, your brand is important. But, how do you choose a trademark that is going to be compelling and memorable? Trademarks are words, phrases, symbols, product shapes/packaging, sounds, colors, and designs that identifies the source of the goods or services of one party and distinguishes them from those of others. However,…
This time of year Santa Claus is everywhere. Selling cars, soft drinks, kitchen appliances, and just about anything else you can think of. Can anyone use Santa to market their goods or services? What about other fictional characters like James Bond, Superman, or Rocky Balboa? Can they be used freely? Or does their use require…
Sponsorship and endorsement deals have been in existence for quite some time, but recent trends – from the rise of celebrity culture and social media influencers to the NCAA allowing student-athletes to generate compensation from the licensing of their rights of publicity (aka “NIL”) – have increased their prevalence and importance. In a sponsorship…
Tina Turner recently sold her music catalog and the right to license her name and likeness, reportedly for more than $50 million dollars. Fleetwood Mac members Lindsey Buckingham and Stevie Nicks separately sold their catalogs (Stevie reportedly netted $100 million), and perhaps the most prolific songwriter of his era, Bob Dylan, sold his vast music…
At Crown®, LLP we believe that creativity is developing products, brands, music, and art that is informing and entertaining. Our clients work in all kinds of industries, from tea to t-shirts, beer to Broadway, and all the creative in between.
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(415) 932-6557