“Super Bowl” is a registered Trademark and permission is required to use it in advertising and promotions. 7

“Super Bowl” is a registered Trademark and permission is required to use it in advertising and promotions.

The NFL owns the registered trademark “Super Bowl” and using their trademark in a commercial context requires authorization.  For example you must get permission from the NFL to use the term “Super Bowl” in commercials, promotions and advertising of any kind, including ticket giveaways.  By contrast, the term “Super Bowl” can be freely used in news stories, commentary or discussions.  The difference in these two examples is commercialization.  If a trademark is used for a commercial purpose, then the use must be authorized by the trademark owner.

Many trademark owners aggressively police their trademarks and it is important to keep in mind that commercial use of a trademark term requires authorization.

See also: USPTO registrations #3138590, #3343714, #76572704, #0882283, and #0846056 at www.uspto.gov; Owning a Trademark = Power (Exclusive Use of a Trademark); @iplegalfreebies and www.kasterlegal.com.

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

Copyright Law: Using quotes from someone else in your book, blog or website 3

Dr. Martin Luther King Junior’s speech ‘I Have a Dream’ is one of the most recognizable speeches in US history and it is covered by copyright protection.  Dr. King registered the speech for copyright protection in 1963.   This leads to the question, when can quotes from his famous speech or other copyright protected works be used in other books, blogs or websites without permission?

The answer to this question is vague, ambiguous and needs to be analyzed on a case by case basis.  Generally speaking, it is possible to use limited portions of a copyright protected work for news reporting, commentary, criticism and scholarly reports under the fair use doctrine of the US copyright law.  However, there are no legal rules permitting ‘free use’ of a certain  number of words or percentage of a copyrighted work.  Additionally, there are several factors that weigh heavily into the analysis: 1) the purpose and character of the use, 2) how much money will be made from the use, 3) the nature of the work, 4) the amount and substantiality of the portion used, and 5) the effect of the use on the potential market and value of the copyrighted work.

Unfortunately, there is not a clear rule regarding when and how much of a copyright protected work can be used without permission.  Dr. King’s heirs have the legal right under copyright law to monetize the ‘I Have a Dream’ speech that they inherited and to treat it as commercial property.   (The safest bet when quoting from copyright protected work is to seek, pay for, and get permission to use the material.)

Note, that crediting the source does not substitute getting permission to use or quote from the material.

Note 2, any work published in the US before 1923 is likely in the public domain and is FREE to use and quote from. (Copyright protection of these older works has likely expired).

For more information on Copyright and Dr. King’s speeches see this post –> http://wp.me/p10nNq-FD; for more information on using quotes from someone else see these other two posts –> http://t.co/rLurDnX and http://wp.me/p10nNq-fd  AND for more information on PUBLIC DOMAIN works that are FREE to use and quote from —> http://copyright.cornell.edu/resources/publicdomain.cfm; http://wp.me/p10nNq-ft  and http://wp.me/p10nNq-gn; @iplegalfreebies and www.kasterlegal.com.

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

Owning a Trademark = Power (Exclusive Use of a Trademark) 7

A major benefit of registering a Trademark is the exclusive right to use the Trademark, which comes with registration.  Ownership of a registered Trademark bestows an exclusive right to use the Trademark with or on ALL similar goods and services.  This exclusive right restricts other people, companies and businesses from using your Trademarked term or logo on similar goods and services.  This exclusive right can be a powerful tool in the marketplace.

For example, POPSICLE is a registered Trademark of Unilever and only Unilever has the authority to use the word POPSICLE when selling, advertising and promoting frozen treats on a stick.  This means that the word POPSICLE is off limits to any other person or company selling frozen treats on a stick.  POPSICLE cannot be used on other companies’ product names, blogs, napkins, merchandising, or advertising.  As you can see, this carries a lot of weight in the market place against competitors.  The unauthorized use of the mark POPSICLE recently put a small shop in Brooklyn in a bind when they started making and selling a product called ‘People’s Popsicles.’  Since the shop did not have permission from Unilever to use the POPSICLE trademark, the shop had to rename their product, print new merchandising, and erase every use of POPSICLE from their menu and blog.

Exclusive use rights that come with owning a registered Trademark are powerful.  Don’t underestimate their value in the market place.

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

More information on this subject: ‘NAME Brand’ – Using your Name as a Brand and TrademarkIs Unilever’s Popsicle Trademark Melting Away? at  http://www.kasterlegal.com/storage/NYSBA%20Electronically%20In%20Touch.%20%20Article%20by%20Vanessa%20Kaster.pdf and http://www.nysba.org/Content/NavigationMenu24/ElectronicallyInTouch/2010Issues/September2010/default.htm; @iplegalfreebies and www.kasterlegal.com

SoundExchange pays digital royalties to performers and copyright owners 1

SoundExchange pays royalties to performers and copyright owners when music is played on digital internet and satellite music dollar signproviders.

For example, if you hear Aretha Franklin’s famous rendition of ‘Respect’ played over internet radio, the royalty payments are paid to both Aretha as the performer (paid to her by SoundExchange) and to Otis Redding who wrote the song (ASCAP pays Otis Redding’s estate).  However, if you hear Otis Redding’s original version over internet radio then his estate is compensated for both the original composition, and also for the sound recording (ie both ASCAP and Sound Exchange pay royalties to Otis.)

If you own your own track and play on it, then you get paid twice (if you are registered with SoundExchange) when your track is played on Pandora, Sirius Radio and other satellite or internet radio streaming sites.

Register with SoundExchange –> https://www.soundexchange.com/artist-copyright-owner/does-soundexchange-have-royalties-for-you/

See other posts for more information on unclaimed SoundExchange royalties –> http://wp.me/p10nNq-np, and Digital Royalty rates –> http://t.co/Z0XvrRO; @iplegalfreebies and www.kasterlegal.com

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com