Notes on the Workas It Changes

Personal Brand and NIL  ·  October 4, 2026 FTC Influencer Disclosure Rules What influencers must disclose in sponsored posts under the FTC Endorsement Guides: material connections, wording that works, and where to place it. Read Personal Brand and NIL  ·  October 4, 2026 Buying Reviews or Followers: The FTC Rule The FTC rule on fake reviews and fake followers, views and likes: what it bans, what is still allowed, and civil penalties of up to $53,088 per violation. Read Personal Brand and NIL  ·  October 4, 2026 Georgia Right of Publicity, Even After Death Georgia treats unauthorized commercial use of a name and likeness as a tort, and the right survives death. How claims work, estates, and 2026 bill status. Read Personal Brand and NIL  ·  October 4, 2026 AI Voice and Likeness Clones: Your Rights What protects you when someone makes an AI copy of your voice or face: publicity rights, false endorsement, copyright, and the Copyright Office's 2024 report. Read Personal Brand and NIL  ·  October 4, 2026 Removing a Deepfake Intimate Image How to use the TAKE IT DOWN Act to get a deepfake intimate image removed within 48 hours, what a valid request needs, and other legal routes. Read Personal Brand and NIL  ·  October 4, 2026 Who Owns a Photo of You? Who owns a photo of you under copyright: usually the photographer. When work made for hire or a signed transfer changes that, and how likeness rights differ. Read Publishing  ·  October 4, 2026 Book Copyright Registration and Deposit Registration is optional but needed to sue, and mandatory deposit is due within three months of publication. How print, e-book and audiobook rules differ. Read Publishing  ·  October 4, 2026 Getting Book Rights Back From a Publisher Out-of-print and reversion clauses come first. If they fail, federal termination opens 35 years after publication or 40 after signing, whichever is first. Read Publishing  ·  October 4, 2026 Who Owns a Ghostwritten Book A ghostwriter owns the book unless a signed contract says otherwise. When work made for hire applies, why an assignment is usual, and how credit is handled. Read Publishing  ·  October 4, 2026 Who Owns a Co-Authored Book Co-authors of a joint work co-own the whole copyright. What one author can license alone, what needs every signature, and what a collaboration agreement covers. Read Publishing  ·  October 4, 2026 Who Owns the Translation of Your Book Translation rights belong to the book's owner, but the translator owns the new text unless it is made for hire or assigned in writing. How to set up the deal. Read Publishing  ·  October 4, 2026 Quoting Song Lyrics and Other Books in a Book Titles are free, but lyrics are protected and often need permission. How fair use, the Warhol ruling and a written permission apply to quotes in your book. Read Film and TV  ·  October 4, 2026 Work Made for Hire in Film and TV How a production company comes to own what writers, directors, composers, actors and crew create, and what deal memos must say so it holds up later. Read Film and TV  ·  October 4, 2026 Protecting a Film or TV Show Idea Copyright protects your treatment or script, not the bare idea. How registration before pitching, confidentiality agreements and timing protect a pitch. Read Film and TV  ·  October 4, 2026 Registering a Film or Screenplay Copyright How to register a screenplay, finished film or trailer with the U.S. Copyright Office: who files, which form and fee, and what deposit to send. Read Film and TV  ·  October 4, 2026 Copyright Preregistration for Films How copyright preregistration works for a film still shooting: who qualifies, the $200 fee, what to describe, and the deadlines to fully register after release. Read Film and TV  ·  October 4, 2026 Documentary Fair Use for Clips and Photos When a documentary can use clips, photos and archival footage without a license: the four fair use factors, the Warhol decision, and a clip-by-clip process. Read Film and TV  ·  October 4, 2026 Public Domain Film Footage: How to Check How to tell if old film footage is in the U.S. public domain: the 1931 cutoff, renewal searches for 1931 to 1963 films, music, restored foreign works and more. Read Film and TV  ·  October 4, 2026 Brands, Logos and Artwork on Screen When brands, logos, artwork and buildings can appear in a film or show without permission, what Jack Daniel's changed, and how on-screen clearance works. Read Internet Law  ·  October 4, 2026 DMCA Takedown Notice Requirements The six elements a DMCA takedown notice needs under 17 U.S.C. 512(c)(3), where to send it, what platforms do with it, and the risks of a bad notice. Read Internet Law  ·  October 4, 2026 What Happens After a DMCA Counter-Notice After a DMCA counter-notice, the platform restores the material in 10 to 14 business days unless you sue for a court order. How to count the days and decide. Read Internet Law  ·  October 4, 2026 Do Platforms Have to Ban Repeat Infringers? What the DMCA requires of platforms facing repeat uploaders, what courts and the Copyright Office say, and how to log your notices and escalate. Read Internet Law  ·  October 4, 2026 Identifying an Anonymous Infringer How a DMCA 512(h) subpoena works, what the clerk and the platform must do, where courts have limited it, and the John Doe lawsuit alternative. Read Internet Law  ·  October 4, 2026 Stopping Counterfeit Sellers on Marketplaces How to stop fake merchandise online: marketplace reports, INFORM Act seller data, Customs recordation, seizure orders and counterfeit statutory damages. Read Internet Law  ·  October 4, 2026 Recover a Domain Name Registered in Bad Faith Two routes to recover a look-alike domain: an ICANN UDRP complaint for transfer in about two months, or a federal cybersquatting suit with statutory damages. Read Internet Law  ·  October 4, 2026 Business Impersonation Online Fake accounts and cloned stores: how Lanham Act false association claims, the FTC Impersonation Rule, copyright notices and domain disputes fit together. Read IP Licensing  ·  October 4, 2026 IP Licenses When a Partner Goes Bankrupt What happens to a copyright, patent or trademark license in bankruptcy: section 365(n), the Mission Product decision, royalties, and drafting that holds up. Read IP Licensing  ·  October 4, 2026 Licensing Your Work for AI Training How AI training uses copyrighted work, what the Copyright Office concluded about fair use in 2025, training license terms, and options to stop unlicensed use. Read IP Licensing  ·  October 4, 2026 Does a U.S. License Cover Other Countries? How copyright licenses work across borders: Berne national treatment, territory and language clauses, foreign recording windows, and trademark filings abroad. Read IP Licensing  ·  October 4, 2026 Recording a Trademark Assignment Why to record a trademark assignment with the USPTO: the three-month rule, the $40 and $25 fees, goodwill language, and what recording does and does not do. Read IP Licensing  ·  October 4, 2026 Selling a Trademark Application Before Use Why an intent-to-use application cannot be sold before use is alleged, the successor exception, the void-filing risk, and how to structure a pre-launch deal. Read IP Licensing  ·  October 4, 2026 Trademark License Quality Control Why licensee use counts as yours only with quality control, how the USPTO treats related companies, the abandonment risk, and what a working license includes. Read IP Licensing  ·  October 4, 2026 Trademark Coexistence and Consent Deals How the USPTO weighs a consent agreement against a likelihood-of-confusion refusal: the five factors, naked versus clothed consents, and a drafting checklist. Read IP Licensing  ·  October 4, 2026 Trademark Classes for Merchandise Which trademark classes merchandise needs, the $350 per class fee and surcharges, ornamental refusals for T-shirt logos, and licensing merch with control. Read IP Licensing  ·  October 4, 2026 Licensing a Pending Trademark How to license a trademark before registration: controlled first use counts for the applicant, statement of use timing, and what to do if it never registers. Read IP Licensing  ·  October 4, 2026 Must a Copyright License Be in Writing? When a copyright assignment or exclusive license needs a signed writing, why nonexclusive licenses differ, and what a short grant should say to hold up. Read IP Licensing  ·  October 4, 2026 Getting Copyright Back After 35 Years How authors and heirs terminate copyright grants under section 203: the five-year window, the 2 to 10 year notice, recording with the Copyright Office. Read IP Licensing  ·  October 4, 2026 Can a Copyright Licensee Sue Infringers? Why an exclusive licensee can sue for its right and a nonexclusive licensee cannot, why registration is the bottleneck, and what an enforcement clause covers. Read IP Licensing  ·  October 4, 2026 Recording Copyright Assignments and Licenses Why to record a copyright transfer: the one-month priority window, constructive notice, the $95 electronic fee, redacting prices and what can be recorded. Read IP Licensing  ·  October 4, 2026 Selling a Music Catalog: What You Give Up What moves when you sell songs or masters: mechanical, performance and sync income, the artist's statutory 45 percent, carve-outs and termination rights. Read IP Licensing  ·  October 4, 2026 Work Made for Hire or Assignment? When a contractor's work can be a work made for hire, the nine categories, why logos and photos need an assignment, and what termination and term change. Read Trademark Law  ·  October 4, 2026 Missed a USPTO Office Action Deadline? Missed a trademark office action deadline? How a petition to revive works, the two-month limit, what to file, the $250 fee, and when a new filing is simpler. Read Copyright Law  ·  October 4, 2026 Copyright Infringement Damages and Remedies What a copyright owner can recover in court: actual damages and profits, statutory damages of $750 to $30,000 per work, fees, injunctions and the time limit. Read Copyright Law  ·  October 4, 2026 Copyright Registration Cost and Timing Copyright Office filing fees from $45 to $125, group options, $800 special handling, average processing times, and why registration timing affects damages. Read Copyright Law  ·  October 4, 2026 Is the Copyright Claims Board Worth It? How the Copyright Claims Board works: the $40 and $60 filing fees, the $30,000 cap, per-work limits, the 60-day opt-out and how it compares with federal court. Read Copyright Law  ·  October 4, 2026 Got a Copyright Infringement Demand Letter? What to do after a copyright demand letter: check registration dates, statutory damages exposure, the innocent infringer rule, the time limit and your options. Read Copyright Law  ·  October 4, 2026 Copyright and Trademark Lawsuits in Atlanta How a copyright or trademark case runs in the Atlanta Division of the Northern District of Georgia: venue, local rules, four-month discovery and appeals. Read Entertainment Law  ·  October 4, 2026 Why AM/FM Radio Doesn't Pay Recording Artists Why AM and FM stations pay songwriters but not recording artists: the digital-only performance right for recordings, the broadcast exemption, and streaming. Read Entertainment Law  ·  October 4, 2026 The MLC and Unclaimed Mechanical Royalties How the Mechanical Licensing Collective pays songwriters for streams and downloads, how long it holds unmatched royalties, and who gets unclaimed money. Read Entertainment Law  ·  October 4, 2026 Pre-1972 Recordings Under Federal Law How 17 U.S.C. 1401 protects recordings fixed before February 15, 1972: end dates by release year, the 2067 cutoff, radio royalties and noncommercial use. Read Entertainment Law  ·  October 4, 2026 How Courts Decide Song Copying Cases What a song owner must prove in a copying case: access, similarity, the parts of a song copyright does not protect, and what Skidmore v. Led Zeppelin held. Read Entertainment Law  ·  October 4, 2026 How PROs Work and the ASCAP and BMI Decrees What performing rights organizations license, how songwriters and publishers are paid, and why ASCAP and BMI have operated under antitrust decrees since 1941. Read Entertainment Law  ·  October 4, 2026 How Long a Song's Copyright Lasts U.S. song copyright terms: life plus 70 years, 95 or 120 years for work for hire, renewal rules for older songs, and why 1930 songs entered the public domain. Read Entertainment Law  ·  October 4, 2026 Collecting Recording Royalties From Abroad Can U.S. artists collect performance royalties for recordings abroad? Rome Convention and WPPT status, the U.S. reservation, Berne and practical steps. Read Entertainment Law  ·  October 4, 2026 Who Owns a Music Video? Who owns a music video by default, how work made for hire and assignment agreements change that, and the separate licenses the song and master recording need. Read Entertainment Law  ·  October 4, 2026 Do You Need Permission for a Cover Song? When the compulsory license lets you record and release a cover song, how streaming and physical releases are licensed, and why a video needs a sync license. Read Entertainment Law  ·  October 4, 2026 Who Sets Music Royalty Rates, and How Who the Copyright Royalty Judges are, which music royalty rates they set, how a rate proceeding runs from notice to appeal, and how to follow or take part. Read Trademark Law  ·  October 4, 2026 Someone Filed a Trademark on Your Brand Found your brand name in someone else's USPTO filing? How letters of protest, oppositions and cancellation work, with the 2026 deadlines and fees for each. Read Trademark Law  ·  October 4, 2026 What Happens in a TTAB Trademark Opposition How a TTAB trademark opposition works: the answer deadline, the 180-day discovery period, testimony periods, briefs, settlement and appeal, under USPTO rules. Read Trademark Law  ·  October 4, 2026 Likelihood of Confusion Refusals Explained Got a Section 2(d) likelihood-of-confusion refusal from the USPTO? What the examiner compares, the response deadlines, consent agreements, narrowing and appeal. Read Trademark Law  ·  October 4, 2026 Trademark Renewal and Maintenance Deadlines Section 8, Section 9 and Section 15 trademark filings: when each one is due, the grace periods, current USPTO fees per class, and what happens if you miss them. Read Trademark Law  ·  October 4, 2026 Georgia, Federal or Common Law Trademark? Comparing common law rights, a $15 Georgia Secretary of State trademark registration and a federal USPTO registration, for Atlanta businesses and creators. Read Trademark Law  ·  October 4, 2026 Trademarking Song, Book and Film Titles Why the USPTO will not register the title of a single book, song or film, when a series or show name can be registered, and what can protect a title instead. Read Trademark Law  ·  October 4, 2026 Foreign Trademark Filers Need U.S. Counsel The USPTO rule that foreign-domiciled trademark owners must use a U.S.-licensed attorney: who it covers, Madrid filings and the routes open to foreign brands. Read Trademark Law  ·  October 4, 2026 Can You Lose a Trademark by Not Using It? When nonuse becomes trademark abandonment, the three-year presumption, cancellation, expungement and reexamination, and how to protect a paused brand. Read Trademark Law  ·  October 4, 2026 What If the USPTO Refuses Your Specimen? Why the USPTO refuses trademark specimens, what counts as proof of use for goods and for services, and the ways to respond before the deadline runs out. Read Trademark Law  ·  October 4, 2026 Protecting Your Trademark in Other Countries Direct foreign filings or the Madrid Protocol: who can file from the U.S., the October 2026 move to WIPO Madrid e-Filing, fees and the five-year dependency. Read Entertainment Law  ·  October 4, 2026 Registering a Song: Composition or Recording? The two copyrights in a recorded song, when one application covers both, the album and unreleased-song group options, Copyright Office fees and timing. Read Entertainment Law  ·  October 4, 2026 Mechanical Royalty Rates for 2026 The 2026 U.S. mechanical royalty rates: 13.1 cents per song for physical copies and downloads, the 15.3% streaming headline rate, and how the formula works. Read Entertainment Law  ·  October 4, 2026 Digital Performance Royalties for Artists How recording artists get paid when their music streams on internet radio: the digital performance right, SoundExchange and the statutory 50/45/2.5/2.5 split. Read Entertainment Law  ·  October 4, 2026 How Producers Get Paid Digital Royalties How producers, mixers and engineers get paid from digital performance royalties: letters of direction, the 2% rule for pre-1995 recordings, and producer deals. Read Entertainment Law  ·  October 4, 2026 Can You Trademark Your Band Name? When the USPTO will register a band or artist name: the series rule for recordings, live performance service marks, the evidence needed, and who owns the name. Read General  ·  July 29, 2026 You Built the Audience. Now Protect the Brand Behind It! Content creators · Macro influencers · Creators with Merch or Licensing Deals At 150K-200K+ followers, you’re not just a creator anymore, you’re a brand. This is not exclusive to just macro-influencers eithe... Read Entertainment Law  ·  July 17, 2026 5 Chain of Title Problems That Kill Distribution Deals (And How to Avoid Every One) FILM & TELEVISION LAW // FOR PRODUCERS & FILMMAKERS By the time your E&O carrier finds these problems, you’re already paying for them. The deals that fall apart have the same core issues at the center: chain... Read Entertainment Law  ·  June 23, 2026 Film Chain of Title: How To Get That Clean Chain Of Title Independent Filmmakers · Production Companies · Executive Producers · Documentary Producers Film Chain of Title: How To Get That Clean Chain Of Title! The best advice I give clients in film and television pr... Read General  ·  June 9, 2026 Music Copyright Ownership Disputes: When Conversations Happen Too Late! A music copyright ownership dispute is often an expensive and preventable problem. Here’s what I tell every collaborator I talk with after project ownership disputes go sideways: copyrights and IP law don’t... Read Contract Law  ·  May 30, 2026 10 Essential Influencer Contract Tips for 2026: Smart Advice for Influencers & Professional Creators The creator economy in 2026 is more competitive and lucrative than ever. As one social commentator noted, “creating is no longer part of the culture, creating IS our culture!”. For content creators, your bra... Read Intellectual Property  ·  March 18, 2026 The Trademark Application Process Explained:  A Guide to USPTO Office Actions An Office Action (OA) is an official correspondence sent from the USPTO that requires addressing deficiencies or issues with your application. Office Action letters are sent to you via the specific Examining... Read General  ·  February 26, 2026 Intellectual Property Licensing for Creators & Brands Intellectual Property Licensing for Creators & Brands In the creator economy, smart licensing is how you turn your user-generated content into real money, allowing you to make a genuine career from works you... Read General  ·  February 4, 2026 Creating With AI: Where Copyright Protection Stops or Thins Every few weeks another artificial intelligence engine is introduced to the public that empowers creators to new heights of creativity. Tools like ChatGPT, Midjourney, Nana Banana Pro, and DALL-E are becomin... Read Avoiding Infringement  ·  September 5, 2025 Creative Smarts: 12 Smart Copyright Strategies (& Tips) to Protect Your Art! (Part I) The satisfaction of finishing a new work can be exhilarating! You’ve taken your idea from genesis to completion, and it manifested into something incredibly important to you. Now on to sharing your work in a... Read Copyright Infringement Tips  ·  March 13, 2025 First Things First: Let’s Learn What A Copyright Is! Before you can really understand copyright law, you must first learn what a copyright is! 1. What is a Copyright? A “copyright” is a form of intellectual property protection that grants exclusive rights to t... Read Avoiding Infringement  ·  March 13, 2025 Making Your IP Work For You: A Guide to Intellectual Property & Copyright Licensing What is Licensing? Licensing refers to the granting of intellectual property rights from one party to another party to use or commercially exploit that protected intellectual property. Every type of intellec... Read Avoiding Infringement  ·  March 10, 2025 Debunking Copyright’s Most Common Myths, Part I In this 2-part legal guide, I’ll be myth-busting. Here are the ten most common copyright myths and the reasons why. I’ll start with the first five here. Common Copyright Myth #1: “If the Copyright Owner Does... Read Entertainment Law  ·  March 5, 2025 Avoiding Expensive Mistakes: Understanding (Personal) Services Contracts, Part II In Part I about Avoiding Mistakes in Personal Service Contracts, we discussed contract elements, material vs. minor contract breaches, and the doctrine of substantial performance. In this second part, we’ll... Read Entertainment Law  ·  February 16, 2025 Trademark Registration FAQ: Answers to Your Most Common Questions A trademark is a symbol, word, phrase, logo, or design that identifies the source of a consumer good or service. Trademark protection is designed to protect consumers from deceptive copycats by acting as an... Read Copyright Law  ·  November 20, 2024 How to Legally Clear a Music Sample: A Step-by-Step Guide Sampling is the use of previously recorded material within a new work. The word “sampling” was coined in the 1970s by the creators of the CMI Fairlight synthesizer, which could record and playback sounds. In... Read Contract Law  ·  November 9, 2024 Avoiding Expensive Mistakes in Your Personal Service (Performance) Contracts: Part I Personal service contracts are a regular, often daily, part of certain businesses. Many people presume that signatures are what make a contract fully enforceable, but there’s more to it than that. While they... Read Copyright Law  ·  November 3, 2024 Understanding IP Types: Copyright, Trademarks, Patents, & Trade Secrets Simplified! There are various types of intellectual property you’ve likely heard of: copyrights, trademarks, patents, and maybe even trade secrets. For those that work outside of IP, the difference between them can be... Read Avoiding Infringement  ·  October 29, 2024 How to Register a Trademark: What to Expect From Start to Finish in 8 Steps! You’ve started your business and found the perfect logo and slogan to capture your brand’s identity and personality! At some point, you’ll want to protect your brand by properly registering a trademark and s... Read Entertainment Law  ·  October 22, 2024 Top Ten Mistakes That Artists and Film Productions Make When Licensing Music (What You Need to Know to Save Money) The right song can set the tone, pull a scene together, or capture an emotion better than the spoken word. If you’ve got your heart set on a certain song to make that happen, we’re here to help you fulfill t... Read Copyright Law  ·  October 15, 2024 The Music Copyrights Puzzle: A Simple Guide for Confused Artists Many young musicians buy a copy of Donald Passman’s “All You Need To Know About The Music Business” and quickly read through the section on music copyrights. For a few brief hours or days, they feel like the... Read Copyright Infringement Tips  ·  October 5, 2024 Creative Smarts: 12 Smart Copyright Strategies (& Tips) to Protect Your Art! (Part 2) Welcome back to our series on Creative Smarts, copyright strategies and tip to protect your work! Here are the remaining six strategies to protect your intellectual property as a creative. Like the previous... Read Avoiding Infringement  ·  September 17, 2024 Unleashing Your Creative Freedom: 5 Ways to Legally Use Copyrighted Works Without Breaking the Rules! I. Introduction No one wants to feel handcuffed in their creativity, but sometimes your creative explorations require the use of someone else’s work. At the same time copyright infringement can be costly and... Read Avoiding Infringement  ·  February 14, 2024 The First Line of (Legal) Defense: Cease & Desist Letters A cease and desist letter is a method to assert your rights when you have reasonable belief that someone has infringed upon your IP or breached an agreement. In addition to demanding the wrongdoer “cease and... Read Avoiding Infringement  ·  June 18, 2023 Someone’s Stealing From Me! Copyright and Trademark Infringement Copyright and Trademark Infringement: Someone’s Stealing From Me! You take all the right measures to protect your copyrights and trademarks, but someone is still using your work or logo without your permissi... Read