Barry Neil Shrum's Answers

Facebook accusing me of copyright infringement

I agree with Oscar. Your use of the copyrighted song is an infringement of not only the sound recording copyright, as Oscar points out, but the copyright in the underlying musical composition. You are, in fact, doing something "wrong" in that you are using another person's intellectual property without their permission. In the physical realm, it would be similar to your neighbor helping himself to your lawnmower without your permission. Here, you're using intellectual property that belongs...

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Do I need an entertainment lawyer ?

I am always suspicious when someone tells me they have a "standard" publishing contract. While there is certainly formulated language that appears in most publishing agreements, including single song agreements, there is generally no such thing as a "standard" contract. My answer is that you should definitely find a competent ENTERTAINMENT attorney to review this agreement. By signing almost any contract of this nature, you will be giving up your copyright in the musical composition. What...

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I am a shareholder in an S corp in the state of MO. Can you explain how profits are to be distributed. I am not an employee.

An S corporation is a regular corporation that has elected "S corporation" tax status. Distribution of profits in an S-corporation is governed by Subchapter S of the IRS code. In a regular corporation (also known as a C corporation), the company itself is taxed on business profits. The owners pay individual income tax only on money they receive from the corporation as salary, bonuses, or dividends. By contrast, in an S corporation, all business profits and losses "pass through" directly...

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Can I create and sell t-shirts with sport figure images without violating PA and federal intellectual property laws

I agree with Daniel's analysis, but would add a couple of observations. First, it is unclear from your question whether you meant "photographic" images, or just drawings. If you mean photographic images, Daniels analysis is entirely correct - the photographer owns the copyright in the photographic. If you intend to use artistically recreated images, you have a different set of issues and perhaps an entirely different answer. You most likely would not need permission from the sports figure...

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Does the penalty fit the crime in trademark infringement cases? Is selling 1-10 replica items, as damaging as selling 10000?

The enforcement of one's trademarks is provided for in common law as well as statute through the Lanham Act. The unauthorized use of the mark in the same geographical market in which the owner of the trademark operates is grounds for an infringement action. Your actions in willfully selling products you knew to be replicas compounds the infringement in that it can lead to increased statutory damages. If infringement can be proven, the measure of damages may be based on some of all of the...

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How can I release a CD on the shelf that has "sampled" mainstream material in it? In my case each song is in the mainstream!

Though I would perhaps have not responded as harshly as some, the previous responses are all correct. You indicate in your additional information that you read the information about sampling not being infringing if the user cannot hear substantial similarities, and if the material has been "transformed" in some way. That information is not accurate. The reference to "transforming" a work comes from the fair use defense found in 17 U.S.C. Section 107, which sets forth several factors to be...

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I am an independent contractor. I do work for a local gym. I was told today by the gym director that i am considered staff and

While Mr. Martin's answer may be technically correct -- Tennessee is, in fact, an "at-will" employment state, meaning that your employer has the right to fire you at any time with very few legal repercussions - the answer doesn't seem very helpful to me as it doesn't really address your right to public comment. Certainly your employer has no right as such to prevent you from exercising your consitutional right to free speech. You further indicated that you have no contractual obligation to...

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I need a entertainment lawyer to look @ a distrubution contract for a single song?

First, let me say that since you are in Hermitage TN, you may want to call and make an appointment with me. This contract is vague with regard to its terms. One of the first examples I see is that it states that "you retain your writer's rights and current deals." What does this mean? If we are talking about a master (which is what I assume from this), then we have two types of copyrights involved: the copyright in the musical composition and the copyright in the sound recording. To...

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If I am an S - Corp. with only one office in one sate but with clients in multiple states, do I have register with each state?

All 50 states require that a company (whether corporation or limited liability company) that transacts business in their state must obtain authority to do so from the State's governing body. This process is commonly referred to as "qualifying to do business" in that state. Of course, its primary purpose is the generation of revenue for the state in the form of taxation! Your question goes to the heart of what is meant by "transacting business" in a state. Are you going to be soliciting...

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Independent Film, Copyright question -- PLEASE HELP!

The answers provided by Mr. Elman and Mr. Michelen are certainly accurate with regard to trademark but they assume that your use chronologically followed the use of the production company, which I am not certain of from your question. You may, in fact, actually have priority when it comes to the copyright issue. Your copyright exists from the moment the work is fixed in a tangible medium, in this case I assume it was a computer file. You indicated that you have been working on this project "...

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