Artists, songwriters, writers, photographers and others often have a hard time convincing the public that their creations are not free for anyone to use. Even when they sign a contract permitting the use of a work of art, the other party may take advantage of the permission. One New York photographer has turned to intellectual property litigation after an advertising agency allegedly stepped outside the boundaries of their contractual agreement.
When you first contacted your lawyer, you felt like it was a good fit. They had experience with the type of case you wanted to start. They talked to you on the phone, set up an appointment and met you in person. They seemed kind and knowledgeable. You had a good feeling about the relationship moving forward.
Artists often consider their work to be a part of themselves. When they create a song, a photograph or another kind of artistic piece, they generally want the ability to control how that art is made available for public consumption. The artistic community is thriving here in New York, and it is important that artists have the ability to protect themselves and the art they create through copyright law. Recently, songwriter Kenny Nolan has filed a civil suit against Sony/ATV Music Publishing, claiming breach of contract and copyright infringement. He claims that several of his songs were acquired by the publisher without his permission.
When the U.S. Copyright Royalty Board recently announced its decision to raise the royalty rates record labels and digital services will pay to songwriters, many rejoiced. Songwriters in New York and elsewhere have arguably been a forgotten group of artists, and recent changes in intellectual property laws have brought their important work into the public consciousness. Unfortunately, streaming services may not have the same respect for songwriters as the CRB does.
When most New York residents post pictures to social media, no legal issue arises. It makes sense that someone's picture of him or herself would not belong to another party. However, model Gigi Hadid recently became the subject of a lawsuit alleging that she violated copyright law when she posted a picture of herself on her Instagram account that was taken by paparazzi.
You created a unique story, and you want to share it. However, you're worried that someone with more influence or marketing could take your work and make it out to be their own.
Trade secrets can separate a company from its competitors. This information also falls into the category of intellectual property, and like tangible property, it is important that proprietary information is protected. In most cases, the protections come in the form of contracts restricting the use and disclosure of this information. However, some individuals may break contracts, and intellectual property litigation may result.