Every two years, the Colorado Business Committee for the Arts conducts a study that investigates the economic and social contributions made by various arts, cultural and scientific organizations in the Denver Metro area. The most recent results were released on October 5, 2016 at a breakfast event at the Seawell Grand Ballroom, which was attended by Dave Ratner(of the Creative Law Network) and other professionals in the Denver music and arts scene.

The results from the 2016 study indicated that the cultural community continues to have a significant economic impact in Colorado. While overall economic activity didn’t have much fluctuation between previous years, arts, cultural and science organizations generated about half a billion dollars into the regional economy. Additionally, cultural tourism is at an all-time high, and contributed approximately $367 million.

As a result of this continued support, more jobs and higher payrolls within these industries have emerged. Newer organizations in the creative fields are constantly forming, which has increased the need for services provided by entertainment law firms.

“The image of the starving artist is real,” says Dave Ratner, founder of the Creative Law Network. This is why numerous Volunteer Lawyers for the Arts (VLA) organizations have emerged all across the United States. VLAs seek to connect artists with the resources they need in order to understand and navigate through the business element of their work, as highlighted by the Progressive Law Practice. Colorado Attorneys for the Arts (CAFTA) is Colorado’s own pro bono VLA, which connects limited-income artists with volunteer attorneys and, in turn, strengthens Colorado’s creative economy. Dave Ratner worked with Colorado Business Committee for the Arts (CBCA) to form CAFTA and encourages everyone to help spread the word about this valuable resource!

Creative Law Network is excited to be part of Colorado Sound’s 6th Annual Music Industry Party. Our own Dave Ratner will host a “Music and the Law Q&A” at 6:30pm on Sunday August 14. Other presentations include “Publishing and Artist Development” with Chelsea Kent, creative director of Still Working Music  and producer/composer/session bassist David LaBruyere (John Mayer, David Wilcox, Shawn Mullins) at 4:30pm and a discussion and demonstration of Colorado Sound’s newest addition, a DW Exotic Jazz Drum Kit, with legendary drummer J.R. Robinson at 5:30pm.

The party takes place on Sunday August 14 from 4:00pm – 8:00pm at Colorado Sound Studios, 3100 West 71st Avenue, Westminster, CO 80030.

Creative Law Network’s Dave Ratner has recently presented on numerous topics to a variety of audiences throughout the state. In the past few weeks, Dave has given presentations to:

Colorado Creative Industries Summit – Dave teamed up with attorney and CPA Ken Ransford to help creative people, businesses, and organizations better understand entity formations. Formations of limited liability companies, corporations, and non-profits was discussed and the presentation was featured in the Glenwood Springs Post Independent.

Moxie U – This event was presented by Denver’s Clyfford Still Museum, RedLine, and the Arts Student League of Denver. Visual artists of all types came to the museum to learn from Dave about intellectual property and business law as it relates to their work.

AIGA (American Institute of Graphic Arts) – Dave spoke as part of AIGA’s “Buzz” series about “Knowing Your Creative Rights.”  An eager and well-caffeinated group of graphic artists learned about copyrights, trademarks, contracts, entities, and how to protect their rights!

Entertainment and Sports Section of the Colorado Bar Association  – At this luncheon and continuing legal education event, Dave presented on how copyright law applies to the music industry. Attorneys in attendance learned about the unusual and unique ways that copyright works in the music business. Dave also explained industry players and standards of the industry.

Rocky Mountain Intellectual Property and Technology Institute – Dave presented with attorney and former record label executive Bill Kelly to intellectual property and technology attorneys from across the country on counseling artists and arts organizations. The pair educated attendees about issues specific to the arts and what special considerations are important in the practice. This presentation was recorded and will be available online in the future!

Musicians have the unique opportunity to make a career creating great songs but those songs – and the musicians themselves – need to be protected in order to find success. A good music lawyer can help a musician protect his rights and be successful in the long run. At Creative Law Network, we know the ropes and we can help. Here are five reasons why it’s important for a musician to hire a music lawyer:

Forming a Band

When a group of musicians get together to form a band they are usually combining the efforts and talents for the good of the group. But who owns what and in what amount? Does everyone own the songs or only the person(s) who write the songs? What about the recordings? And how are decisions made? What happens if one member leaves the band? Does he continue to be paid for the songs he recorded? All these questions should be answered in advance and in writing so there are no disputes down the road. A music lawyer can help you craft a band agreement to memorialize this vital relationship and plan for future success.

Live Performances

All the details of a live performance should be agreed upon in advance and written down in a performance agreement. Musicians need to be fully aware of what they are obligated to do and what they will receive for their work when they perform. At the very least, the major points must be clear: where to play, how long to play for, who gets paid, and how much. A performance agreement also needs to be clear about what happens if a performance is cancelled. A music lawyer will prepare and/or review a performance agreement to ensure the musicians are protected and the terms are clear.

Signing a contract

Contracts are part of doing business in any industry but music industry contracts can be particularly confusing. Many contracts have a lot of “fine print” and contain confusing legal language that is not easily understood.  A music lawyer should fully explain a contract, answer any questions, and revise the contract in your favor. Signing a bad contract – or just a conract that you don’t completely understand – can cause significant problems in the future.

Protecting intellectual property

The rights in your songs (copyright) and in the name of your band (trademark) are valuable intellectual property. What is intellectual property? Intellectual property includes things that you can own and that have value but aren’t physical items. A musician’s intellectual property is his most valuable asset. It is what will make him money and help him be successful. But intellectual property must be protected.  A good music lawyer will help you protect your intellectual property.

Using Music in Movies, Television and Videos

The use of music in movies, television and videos is a great way for musicians to make money from their work. Music can only be included in a “moving image” with the express, written consent of the owner of that music. So if a TV show wants to use your song in the show, they have to get your permission to do so, in writing. They should also pay you for this right. Your music lawyer should negotiate these deals and prepare the contracts (known as “licenses”) so that it’s very clear what is happening and what you’ll be paid. Be sure to engage a professional that knows the deal so that you get the best deal!

At Creative Law Network, we understand the importance of your work and the need to protect it. Our experienced music lawyer, Dave Ratner, knows how to navigate the legal landscape to help you be successful. Hard working musicians deserve a lawyer who knows the deal and will work hard to make it happen. That’s Creative Law Network. Contact us today for a free consultation.

These days, with such easy access to everything on the Internet—from movies to books to pictures—many people assume that creative works are free to be used by anyone for anything. If it is on the Internet then it’s public, right? Wrong. Finding a photo online doesn’t mean that the person who owns it wants you using it on your website or for your own purpose. You can search for new music online, but that doesn’t mean you can freely copy and play that music wherever, whenever, or however you please. So, how can you tell what works are protected by copyright?

Copyright Defined

Copyright is the term used to describe the rights given to the creator of an artistic work. Copyright ownership begins at the moment the work is created and put in a form people can touch, see, or hear. The moment you finish a drawing or painting, it is copyrighted. The moment you express your ideas on paper or in digital format, what you’ve written is copyrighted. The moment you write and/or record a song, it is copyrighted. Copyright covers what are traditionally thought of as artistic works, such as writings, pictures, music and sculpture, but it also covers computer programs, technical drawings, maps and databases—the unique expressions of creative minds and bodies.

Ideas cannot be copyrighted. It is only when those ideas get their unique, tangible expression that they are copyrighted. If a person takes a photo of a building or writes about the zombie apocalypse, the idea of the picture or story can’t be copyrighted, but the way those ideas are expressed is what is copyrighted and owned by the creator.

What Owning Copyright Means

What does owning a copyright mean? There are many exclusive rights that come with being the owner of a copyrighted work. Copyright owners have the exclusive right to, or to authorize others to, reproduce a work, distribute a work, publish or present a work, and prepare other works based on that work—like adapting a book into a movie. Having the “exclusive” right means that the copyright owner is the only one allowed to use or license these rights. Anyone else that uses these rights without permission is infringing – or violating – the copyright owner’s rights.

Copyright Registration

Although a creator owns a copyright as soon as the work is created, in the United States it is best for the creator to register that copyright with the U.S. Copyright Office. Registrations are fairly inexpensive and can be submitted online. Often times, mulitiple works can be registered with one registration application and one registration fee. A copyright registration is the best proof a person can have that they own the copyright in a work. The value of that registration frequently far exceeds the cost of registration.

Copyrights are valuable and the rights granted by copyright are exclusive. So, next time you’re online and thinking of using someone else’s creative work, be sure you have the right to do so.  Just because it is online doesn’t mean you have permission to use it.

Creative Law Network has expert attorneys based in Denver, CO to guide clients through the intricacies of copyright law and help them protect their rights. For more information, visit http://creativelawnetwork.com.

If you find yourself needing an entertainment attorney to represent your creative business, these tips will come in handy. Finding the right lawyer and law firm for your business is one of the most important steps for your company.  While your creative business may allow you to color outside the lines, or even create your own coloring book, the world of law expects you to color by numbers and keep those crayons inside the lines.  To help you navigate this world, here are a few tips for selecting an entertainment lawyer and/or entertainment law firm to best represent your business.

Ensure you’re looking for the right type of attorney. 

Selecting an attorney requires you to find the right type of attorney, whether or not your business is part of the creative industry.  If you are a creative person or your business is in a creative industry, you should find an attorney and a firm that specializes in entertainment law and law for the creative arts. You want an attorney that knows the ins and outs of your particular type of business and/or industry.  Your attorney should already have the industry knowledge and know-how to best represent the interests of your company.

Ensure the attorney provides the services you need. 

If you find an entertainment attorney and/or entertainment law firm that specializes in entertainment law, be sure they provide the specific services you need for your business.  If you want to hire an entertainment attorney to help with your trademarks and copyrights, make sure that attorney has the necessary expertise and experience before you hire him or her.  Otherwise, you’ll have to go right back to the drawing board. If you’re not sure, just ask!

Ask about the attorney’s and firm’s history. 

You also want to make sure that the attorney and/or firm you hire has a good track record and looks after the best interests of its clients.  Ask the attorney questions about his or her other experiences with the specific issue you are dealing with.  Ask how the attorney proposes to help you achieve your goals. And don’t hesitate to ask how much it will cost. You deserve to have these questions answered!

Creative Law Network provides expert legal services related to entertainment law, intellectual property law and business law.  Our attorney has years of experience helping clients protect their rights and achieve their goals.  Contact us to have all your questions answered. It’s a great first step!

The digital era has introduced us to convenience, instant communication, instant information and unlimited databases for research.  Along with digital information comes the growing need for ways to protect it.  Our Copyright, Trademark and Entertainment Laws must be improved to protect against copyright infringement in the digital age.

What’s Happening?

In 2013, approximately $9.7 billion worth of software was pirated in the United States.  While copyrighting software has been practiced for decades, the means to illegally replicate and distribute it has grown tremendously.  Finding ways to protect software developers and their products is imperative to keeping their companies running.  Similar issues are occuring in digital fields such as databases and digital media.  Today’s technology allows for easy, cheap and instantaneous file sharing.  Twitter, for example, averages over 9000 tweets per second globally.  It literally takes seconds for an original document or file to become globally accessible.  As these changes and technological advances occur, there is a growing need to update copyright laws and practices.

What Is Being Done?

The U.S. government is reviewing the current state of affairs and considering steps needed to update the relevant copyright, trademark and entertainment laws.  There is a recognized need to improve these rules to protect developers and distributors.  Database rights are also being reviewed.  Databases fall outside the protections of the U.S. Copyright Law because a database is not a creative work.  Regulation has been encouraged to govern the use of this factual information. Exclusive rights to digital media rights are also being reviewed for improvements.   Social media has exploded in recent years and the sharing of files is possibly one of the most common features of these social media websites.  Photographs, written documents, music and videos are passed around the internet millions of times each day, every day of the year.  The Digital Millennium Copyright Act (DMCA) was implemented in 1998 to protect the owners of creative works in the digital world.  However, technology has continued to advance and evolve faster than the copyright laws can adapt.

Present and Future

Databases, digital media, software and internet technology are part of our daily lives.  While many people give little thought to how information is received, there are specific rules governing the ownership and transfer of data and materials. There is a growing need to focus on updating the laws that protect the owners and creators of creative works and information.  The digital revolution presents new challenges for the current copyright, trademark and entertainment laws.  Changes must be made to ensure that artists, creators, distributors and owners are able to produce, protect and profit from their material under the protection of the appropriate laws.

At Creative Law Network, we help you make sense of all of these legal issues and changes.  If your work is available online, talk to us about ways to protect both yourself and your work.  We will help you understand the law and use it to your advantage.

Many people look to start their own business, but starting a business raises many questions, including those regarding trademarks. For anyone looking to establish a trademark it is important to take the proper steps to ensure the trademark will be valid and protected. A trademark attorney can help you take the necessary steps to ensure you choose the right trademark and that your trademark is registered so that it is protected.

What is a Trademark?

A trademark is a name, tagline, design, logo, or symbol associated with a particular business, product, or service. Trademarks are important to help distinguish and protect a business and its brand. Trademarks help consumers distinguish one product or service from another.

Deciding What to Trademark

Your trademark may be the name of your company or it may be the name of the product or service your company offers. Your trademark may just be words (known as a “word mark”) or may include a stylized design like a logo, symbol, or insignia. Your trademark should convey your message to your clients and customers. You can choose your trademark to convey the message you choose for your business. However, it is very important to also choose a trademark that can be protected and that is not likely to infringe others trademark.

Checking a Trademark

When deciding on a business name it is important to choose something that stands out and that people can remember, but it is also important to choose something that is unique and unlike other competing businesses, products, or services. This is particularly important when you view your business name as your trademark. You don’t want your trademark to be similar to any other competing trademark. If one trademark is too similar to another trademark, the first trademark may be infringing upon the second. To avoid infringement, check to make sure there are no other businesses, products, or services that might be confused with your possible trademark. Checking a trademark is an important step to ensure there is no likelihood of confusion between any two trademarks.

The United States Patent and Trademark Office (USPTO) maintains a database where you can search for registered trademarks and pending trademarks. However, searching the USPTO database takes special skill and an in-depth understanding of the specifics of trademark law. It is best to hire a trademark attorney to conduct a trademark search.

Registering a Trademark

Choosing to register a trademark is a daunting task to handle alone, which is why it is important to hire an attorney who specializes in trademarks. An attorney can conduct an in-depth search to ensure the trademark is not likely to be confused with another existing trademark. An attorney can prepare and file the necessary documents to properly register a trademark. An attorney can also offer advice on the best strategy to protect a trademark.

Starting a new business and registering a trademark can be complicated, so using the service of a professional trademark attorney is the best advice.  For more information about how to protect your trademark, or for information on how to prepare your trademark application, contact us at Creative Law Network today.

Here at Creative Law Network, we know that your trademark is one of your business’ most valuable assets.  It is your brand, the face of your business and the icon with which your clients will connect.  While it may seem small and is often overlooked, it is important to ensure that your trademarks are protected properly.

What is a business trademark?

A trademark is a recognizable word or words, image, design, symbol, or expression which identifies a product or service as belonging to a specific business or organization, distinct from the other products and services offered by other businesses and organizations.  Your trademark may be your name, logo, or tagline.  Trademarks can consist of words, symbols, patterns, designs, slogans, catch phrases or expressions, icons, and even sounds—like jingles.  Trademarks are intellectual property and can be owned by an individual or a business.  Trademarks can be located on a package, a label, a flyer, or a business card, and can be displayed anywhere you might see a business or brand name.

What are trademarks used for?

In general, trademarks are used for identification, allowing clients and customers to associate particular products or services with the business that manufactures or offers them; however, trademarks also serve a much more significant legal function.  By using a trademark to mark any product or service, a business is claiming exclusive rights to use that trademark — which means that if another business or individual attempts to use or copy that particular trademark, it may be an infringement of that trademark.  The most effective way to claim rights to a trademark is to register that trademark with the U.S. Patent and Trademark Office. Trademark registration can be a complex process. Although engaging a lawyer to register a trademark is not required, it is strongly recommended.

How can you tell is something is trademark protected?

Trademarks are designated by distinct symbols that indicate of the level of protection a trademark enjoys. These symbols include:

• The ‘trademark symbol,’ ™ indicates an unregistered trademark. This indicates a trademark enjoys “common law” rights;
• An unregistered ‘service mark,’ ℠ is used to identify a service; and
• The trademark ® indicates that it has been granted registration by the U.S. Patent & Trademark Office.

Where did trademarks come from?

One of the first uses of trademark symbols dates back to the Roman Empire, where blacksmiths would often mark the swords they made with a symbol identifying the sword’s maker.  In 1266, King Henry III passed the first trademark legislation under the Parliament of England requiring all bakers to use distinctive trademarks on the bread they sold.

Why are trademarks so important?

Your business’ trademark is one of its most important assets.  It ensures that your potential clients and customers know your name, your company, your products, your services, and your brand.  It is the recognizable icon of your business, and it promotes and advertises your business as effectively as that persistent jingle that always gets stuck in your head.  However, simply having a recognizable name or symbol for your business is not enough.  Your trademark needs to be registered to ensure that both it and your business remain protected from instances of infringement, piracy, and misrepresentation.  For more information about how to protect your trademark, or for information on how to prepare your trademark application, contact us at Creative Law Network today.

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