TorMark Law LLP

TorMark Law is closed.
You can follow Mark Jaffe at 5 Bridges Law @MarkJKings
Tor Ekeland at Tor Ekeland Law @TorEkelandPLLC

[TorMark Law LLP @TorMarkLaw]

Read your contracts before you sign them.
Read your contracts after you sign them.

[TorMark Law LLP @TorMarkLaw]

A discussion of soundalike song copyright lawsuits, and the 3 lawsuits that influenced them, by @MarkJKings
https://t.co/xWVxdUY8Om

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My responses to comments about the “leak”

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Copyright and Graffiti

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Legal Terms You Didn’t Understand But Were Afraid to Ask

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If you're hiring people to design anything for your company - logos, website, marketing materials - make sure your company will own the copyrights.

[TorMark Law LLP @TorMarkLaw]

A rock band sued NBC and Olympic figure skaters for using their song. Here's @MarkJKings discussing it.
https://t.co/rtkGaOxxxV

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What right does an NFT buyer have in the copyright?

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A win for Katy Perry

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Another key difference: a creator who assigned a copyright might be able to revoke the license.

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A copyright assignment requires a written, signed agreement.

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One key difference: it's possible that the license is non-exclusive. The creator might be able to license it to others.

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Remember that a smart contract isn't a contract.

That doesn't mean it's bad or you shouldn't use them. It just means it doesn't take the place of a contract.

[TorMark Law LLP @TorMarkLaw]

Litigation - These three clauses are usually in a settlement agreement, and plaintiffs are sometimes disappointed. What to expect:
https://t.co/ARuUWwx5ZO

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@KathrynGoldman @TimberlakeLaw Not necessarily. It might not have value at the time you apply, or even in use at the time you apply. But it's good to have a plan.

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Trademark registration can add value to your trademarks if they already had value.

What it can't do is add value where there had been none.

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Things You Did That Your Lawyer Wishes You Didn't, Part 3
https://t.co/KiT7Jo3mih

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Things You Did That Your Lawyer Wishes You Didn't
Part 2
https://t.co/zG9dJgp7Dr

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The issue in that case: applying the Supreme Court's "agency" standard to determine whether a pre-1978 copyright is a work for hire.

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If a third party later sues you both or either of you for copyright infringement, who's on the hook? Who has agreed to reimburse the other?
That's indemnification.

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When you're licensing a copyright from someone else, you need to know the person licensing it to you has the rights to give you. What to look for:

[TorMark Law LLP @TorMarkLaw]

Will the person assure you that they have rights, that there aren't other claimants that could get in the way, and that this work doesn't infringe someone else's?
Those are representations.