Guide Through the Legal Jungle

Next Year, It May Be Legal to Watch the Super Bowl at Church

Prior to every Super Bowl, NFL lawyers go on a rampage seeking out and stamping out any threats of copyright and trademark infringement of the big game.  They may have been overzealous for Super Bowl XLII

NFL lawyers sent cease and desist letters to churches demanding cancellation of parties at which parishioners would watch the game on wall projectors.  Even when the church offered not to charge an attendance fee or use the license-protected words "Super Bowl in the party promotions, the NFL was not atisfied. The NFL objected to the size of the screen on which the church planned to show the game, saying the law limits the church to showing the game on one television that is no larger than 55 inches.

As a direct response to the NFL-nixing of church parties, Senator Arlen Specter introduced legislation earlier this month that would amend the Copyright Act and allow nonprofit organizations to display live football games providing that the nonprofit does not charge admission or otherwise receive money in connection with the game event.

The Case of the Naked Cowboy

If you’ve ever strolled through New York Times Square, you may have encountered Robert Burck, better known as the Naked Cowboy. The Naked Cowboy is a street performer who sings while accompanying himself on a white guitar. He’s called the Naked Cowboy because of his attention-getting costume. He wears a white cowboy hat, white cowboy boots, white briefs, and nothing else. You can view a video clip of the Naked Cowboy’s act here.

In April 2007, the company that manufactures M&M candy began running an animated cartoon advertisement on two oversized billboards located in the middle of Times Square. The animated cartoon features a blue M&M wearing a white cowboy hat, white cowboy boots, white underwear and playing a white guitar. Burck filed a lawsuit against the candy maker alleging that M&M has falsely implied that Burck endorses the product and that M&M has violated his right of publicity.

Free Samples! It’ll Cost You!

A Guide Through the Legal Jungle Trivia Question

Who is the musical artist who released the album “All Samples Cleared” as  a humorous response to a landmark decision forbidding unauthorized sampling?

1. Beastie Boys
2. DJ Jazzy Jeff and the Fresh Prince
3. Biz Markie
4. Grandmaster Flash
5. Boogie Down Productions

J.K. Rowling versus the Harry Potter Lexicon

J.K. Rowling, the author of the Harry Potter book series, has filed suit against a Michigan-based publisher to prevent publication of the Harry Potter Lexicon, a 400-page booked based on material from the Harry Potter Lexicon Website created by Harry Potter super-fan, Steven Vander Ark.

RDR Books and Steven Vander Ark’s Argument

The publisher of the Harry Potter Lexicon, RDR Books, describes Vander Ark’s book as a reference book that analyzes and describes all the characters, places, spells, creatures and physical objects found in the seven Harry Potter novels.  Vander Ark organizes the material like an encyclopedia in alphabetical order. RDR argues that the book is protected under the First Amendment and the copyright fair use doctrine. Rowling and Warner Brothers refer to the book as a re-packaging of Ms. Rowling’s creative work.

Determining Songwriters’ Livelihood with a New Mechanical Royalty Rate

In previous posts, I’ve commented that while recording artists get the glamour, it is songwriting and the ownership of songs that generate greater revenue within the music industry.

Songwriters have multiple music licensing opportunities and can often live on royalties from hit songs for decades.  One of the songwriter’s primary sources of revenue – the mechanical royalty – is facing a challenge.  Last month, the Copyright Royalty Board began a proceeding to determine the new mechanical royalty rates for songs.

What’s at Stake?

The current mechanical license rate is 9.1 cents.  A record label pays mechanical license fees for each copy of a song it distributes.  Cover artists who re-record and distribute previously released songs also pay mechanical license fees.  For a brief introduction to mechanical licenses and how songs generate revenue, see my article Music Publishing: How Your Songwriting Generates Income

Investigating Genericide

A Guide Through the Legal Jungle Trivia Question

Generic terms do not qualify for trademark protection. Sometimes distinctive terms become generic and lose their trademark status (“genericide”). Which of the following were once distinctive, and have experienced genericide?  Choose all that apply.

1. Cellophane
2. Escalator
3. Band-Aid
4. Kleenex
5. Chapstick
6. Aspirin