Lisa Jean Borodkin’s Answers

Lisa Jean Borodkin

Los Angeles Entertainment Lawyer.

Contributor Level 7
  1. In protecting a music CD with a copyright notice, isn't there also something with a "P" in it that is also necessary?

    Answered about 2 months ago.

    1. Lisa Jean Borodkin
    2. Bruce E. Burdick
    3. Frank Anthony Natoli
    4. Kendra L. A. Stephen
    4 lawyer answers

    The (P) is beneficial for many reasons, but not necessary for works first published after March 1, 1989. However, there are advantages to proper copyright notice. For musical performances such as sound records in a CD, use 1. P in a circle, 2. the year of first publication of the recording, and 3. The name of the copyright owner of the sound recording, an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner. I have included a link...

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  2. Do Intellectual Property lawyers work on contingency?

    Answered 3 months ago.

    1. David Christopher Baker
    2. Lisa Jean Borodkin
    3. Richard Straussman
    4. Daniel Nathan Ballard
    5. Floyd Edwin Ivey
    6. ···
    6 lawyer answers

    Yes, intellectual property attorneys take matters on contingency from time to time, particularly in patent infringement cases where the damages are high. Some of the factors that would influence a decision to take a case on contingency are: 1. Is the potential recovery a large multiple of what the attorney would normally earn being paid by the hour? 2. Has the client obtained a copyright registration, patent, or trademark on the work? 3. Can the client afford to advance costs (...

    3 lawyers agreed with this answer

  3. What are the laws on sampling music for a beat?

    Answered over 5 years ago.

    1. Lisa Jean Borodkin
    1 lawyer answer

    "Sampling" music sound recordings is taking a portion of a sound recording and reusing it as a portion of a distinctly altered musical work. Under the copyright law, this reuse and transformation creates what is called a "derivative" work. In the absence of any other agreement or license, the creator of the original musical sound recording has a copyright in the musical sound recording when it is released commercially. This is regardless of whether the work is registered with the...

    8 people marked this answer as helpful

  4. Would an entertainment attorney have the capability to handle licensing agreements as well as protecting their clients?

    Answered about 2 months ago.

    1. Samuel Joseph St. Romain
    2. Jonathan Sirota
    3. Lisa Jean Borodkin
    4. Usman B Shaikh
    5. Bruce E. Burdick
    6. ···
    6 lawyer answers

    Would you be happy with an "aspiring" entertainment lawyer? Because that may be all you get when you merely aspire to pay him or her. Your question is "'can an entertainment attorney handle licensing?" The answer is yes, of course he or she can. What you are really asking is will he or she work on deferred compensation? The answer is maybe. It is common for music attorneys to be paid out of a recording deal directly if there is a deal memo or offer on the table from a recognized...

    2 lawyers agreed with this answer

  5. Question for Entertainment Attorneys/Music Related...

    Answered 2 months ago.

    1. Meghan M. Moroney
    2. Brad S Kane
    3. Ivan Jose Parron
    4. Lisa Jean Borodkin
    5. David M. Slater
    6. ···
    6 lawyer answers

    The singer would have a claim against the artist for copyright infringement UNLESS the singer had assigned his or her rights to the artist in writing, and signed by the singer. (See the links in my answer below). This is true whether the artist obtained the signature of the singer at the time (as a work for hire) or after the fact (as an assignment). If the singer has not signed such a written agreement, then the default position is that the singer retains the rights to his or her performance....

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. How are lawsuits determined if someone posts about a bad experience and the business in question covers its tracks?

    Answered almost 2 years ago.

    1. Andrew Daniel Myers
    2. Logan Lambert Quirk
    3. James Lawrence Magazine
    4. Paul J Molinaro
    5. Lisa Jean Borodkin
    6. ···
    6 lawyer answers

    A few government agencies handle these kinds of complaints. You can contact your state's Attorney General's Office or the Federal Trade Commission's Bureau of Consumer Protection to lodge a complaint. In addition, if you intend to enforce your rights through your own attorney in the private court system (whether small claims court or elsewhere) and you have a concern about preserving evidence, you have a few options. You can take screen shots from your computer (on a Mac OS it is command-...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. When violating intellectual property rights become criminal offense ?

    Answered 2 months ago.

    1. Lisa Jean Borodkin
    2. Bruce E. Burdick
    3. Matt Clay Pinsker
    4. Floyd Edwin Ivey
    4 lawyer answers

    Generally, willfulness, intentionality and commercial profit. However, please consult a lawyer for specific instances. The Copyright Act has contained a criminal violation provision since 1897. Since 1976, the Copyright Act has provided that infringement committed both willfully and for commercial gain can be punished by criminal penalties. (See link) In 1984, dealing in counterfeit trademarks was criminalized. This makes it a crime to intentionally deal in counterfeit trademarks. (See...

    3 lawyers agreed with this answer

  8. How do you know when a music contract is legal?

    Answered 3 months ago.

    1. Lisa Jean Borodkin
    2. Andrea Winters Morelos
    3. Kristen Gonzales Roberts
    4. Bruce E. Burdick
    5. Janet Lee Steinman
    6. ···
    6 lawyer answers

    Speaking as a music lawyer with 16 years of experience, the number one red flag in a music contract is that the contract seeks to sign the artist EXCLUSIVELY, with no guarantee of recording or releasing music. Even "demo deals" can be a terrible scam for an artist if you have signed away exclusivity. Please consult an experienced music lawyer before you sign anything granting exclusive artist rights. If they are asking you for money, it is a bad sign. If they don't want you to consult a...

    3 lawyers agreed with this answer

  9. Can you copyright/patent/trademark the use of an anchor as a bracelet clasp?

    Answered about 2 months ago.

    1. Elizabeth Swanson
    2. Draeke Henry Weseman
    3. Malavika P Sahai
    4. Lisa Jean Borodkin
    5. Bruce E. Burdick
    5 lawyer answers

    Yes, in theory, one could protect the original design of an anchor-shaped bracelet clasp. For copyright, the design has to be sufficiently original to be registered. For trademark, the design has to be associated by the public with the source of the goods. For patent, the design has to be an original invention or method. As other attorneys has commented, we cannot give you specific advice on your other questions. You should consult an attorney with experience handling fashion and...

    1 lawyer agreed with this answer

  10. Court Order to prevent my name from showing up in search engines?

    Answered about 2 months ago.

    1. Amir Sam Dibaei
    2. Sagar P. Parikh
    3. Lisa Jean Borodkin
    4. Salar Atrizadeh
    5. Andrew Mark Jaffe
    5 lawyer answers

    Yes, I have done this many times. Google states that they will remove a page from search if you submit a court order with specific findings that the statement on the page are false and defamatory. I have included the link to where you can submit a court order to Google. Bing and Yahoo will also remove pages from search. If you do not know the author of the statements, you can initiate a John Doe action against the author of the statements and attempt to identify the author through...

    1 lawyer agreed with this answer