Valerie Lovely’s Answers

Valerie Lovely

Merrimac Entertainment Lawyer.

Contributor Level 4
  1. Do I have a right to sue for infringement of Copyright for public performance of my musical recording made in 1973?

    Answered 10 months ago.

    1. Bruce E. Burdick
    2. Valerie Lovely
    3. Bartley F Day
    4. Glenn Johnston
    4 lawyer answers

    The infringement issue has been addressed so I’ll focus on the royalties part of your question. If you wrote the song and own the song rights, then you may want to look into joining ASCAP or BMI (you may only join one) and filing the song with them so they can monitor and collect future public performances. They do not pay retroactively for public performances of songs. If you own the sound recording rights, then you may have some royalties that have been collected on your behalf for...

    7 lawyers agreed with this answer

  2. Is it legal to sell a sheet-music transcription made from a royalty-free audio-jingle i found on the internet?

    Answered over 2 years ago.

    1. Valerie Lovely
    2. Barry Franklin Poulson
    3. Bruce E. Burdick
    3 lawyer answers

    Without having all of the facts it’s hard to give a clear answer on a particular situation. Generally, when a writer posts a jingle and states that it can be commercially distributed on a royalty free basis they mean that people can use the jingle in their project and do not need to pay the writer royalties for the use. Often there’s a requirement for giving credit back to the writer so they benefit from getting their jingles out there under their name. It really comes down to what terms they...

    4 lawyers agreed with this answer

  3. Do my college drinking shirts fall under parody?

    Answered almost 3 years ago.

    1. Valerie Lovely
    2. Philip Leon Marcus
    3. Bruce E. Burdick
    4. Maurice N Ross
    5. Daniel Nathan Ballard
    5 lawyer answers

    You mentioned some of the factors that lean toward something being considered a trademark parody - that the parody is truly targeting (making fun of) the trademark, that people do not believe that trademark owner is the source of the parody goods, and that you are not in direct competition with the trademark owner. You may benefit from running your designs by an attorney with trademark litigation experience to see if they can provide any insight into the likelihood of your particular designs...

    4 lawyers agreed with this answer

  4. Can local little league create original logos/script and name teams without fear of copyright suits?

    Answered almost 3 years ago.

    1. Valerie Lovely
    2. Maurice N Ross
    3. Philip Leon Marcus
    4. Bruce E. Burdick
    5. Curtis Lamar Harrington Jr
    5 lawyer answers

    The big issue is whether people will be confused about who the name represents. Will someone load their family into the car, head out to the field expecting to see one team and a completely different team by the same name plays. The best names for trademark purposes are typically ones that are completely made up (Kleenex for facial tissue) or the pairing of unrelated words (Arctic Monkeys for a band). The more unique and random, the less likely there is another team out there using the...

    3 lawyers agreed with this answer

  5. Copyright And Sheet music

    Answered almost 3 years ago.

    1. Ivan Jose Parron
    2. Valerie Lovely
    3. Marc Jacobson
    4. Philip Leon Marcus
    5. Daniel Nathan Ballard
    5 lawyer answers

    It’s an interesting inquiry. For most of your scenarios, technically what you are doing does not cause any problems under copyright law if it’s for personal use. If you learn the song by looking at the sheet music and it’s in your head and you learn to play it - no problem. If you transcribe the song for yourself from your head - no problem. If you arrange the transcription for yourself - no problem. It’s really what your next step might be that could bring you into conflict with...

    4 lawyers agreed with this answer

  6. I had an event where I paid an entertainer to appear can I sue them.

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. Valerie Lovely
    3. Ivan Jose Parron
    4. Gordon Philip Firemark
    4 lawyer answers

    It sounds like you have a signed contract with the entertainer to perform for you. Usually, if the contract was drafted properly, in addition to a clause about force majeure (acts of God) there should be a section that addresses what happens if the entertainer does not perform as agreed due to their own issues (illness, missed flight, etc.). If you have asked the performer for a refund of the fee and they have refused, you may want to contact a local attorney to look over your agreement...

    3 lawyers agreed with this answer

  7. What percentage should a Producer receive from Singer, Songwriter, Publisher, Engineer, and Manager in the Entertainment Ind.?

    Answered 2 months ago.

    1. Ivan Jose Parron
    2. Valerie Lovely
    3. Matthew B Wenzlau
    3 lawyer answers

    Working with a producer is a very copyright rich environment so having proper contracts drawn up to reflect exactly who owns the copyrights and who is entitled to royalty shares is important. What those shares are really depend upon what services the producer is providing. Are they just responsible for capturing a great performance? If so, generally, artists that are not signed to a label pay the producer a flat fee for their services in the studio and producer does not own any copyrights...

    2 lawyers agreed with this answer

  8. How do I dissolve a publishing company that I created through ASCAP?

    Answered over 2 years ago.

    1. Molly Cristin Hansen
    2. Alonzo McAlpine Alston
    3. Pamela Koslyn
    4. Valerie Lovely
    4 lawyer answers

    Like the other attorneys, I'm not sure exactly what you mean by "dissolve a publishing company you created through ASCAP." You didn't really create a company through ASCAP. You created a publishing company (by giving it a name) and then had it join ASCAP as a publisher so that it could file songs and collect royalties. You've received advice on how to end a business so I'm adding another guess in on the ASCAP membership. If you want to end your publishing membership with ASCAP, you can...

  9. What's the steps in to becoming a entertainment lawyer if I have to attend city college first. Is it possible?

    Answered over 2 years ago.

    1. Christopher Nunes
    2. Robert L Mauro
    3. Valerie Lovely
    3 lawyer answers

    Attorney Mauro's response is great. I would add that it would be helpful if the law school you attended had some focus on entertainment law (some do). You want to become familiar with the legal issues involved in this field to make you more attractive to a potential employer (or to open your own practice) so if there's a local chapter of the Volunteer Lawyer's for the Arts, seek an internship. Try to choose a law school with a clinic where you could get some hands on experience working with...