Updates

STOLEN - Stories of Art Taken, Returned and Reborn in Colorado
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HISTORY IS FULL OF FAMOUS ART HEISTS. In 1911, the Mona Lisa was stolen from the Louvre. The Scream was stolen, twice, in 1994 and 2004.

Those works were ultimately recovered, but in some other cases, there’s more to the story.

In KUNC’s four-part series, “Stolen,” arts reporter Stacy Nick looks at an almost 100-year-old mystery in Fort Collins, the time a lifted cartoon of a flatulent unicorn made headlines, the repatriation of Native American artifacts and how a vandalized artwork in Loveland ended up bringing people together.

Click here to listen to and read the whole story.

*Pay special attention to Part Two to hear from our very own Dave Ratner!

Click here to learn more about Colorado Attorneys for the Arts

Dave Ratner
Anatomy of a Contract at Fort Collins Startup Week
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Contracts are notorious for being written in an obscure language, otherwise known as “legalese.” However, contracts are the backbone of any business and can truly make or break your success as a startup. Whether you signing a contract or delivering one for your company, there are some common components that every startup business should be looking for and know how to decipher.

This session will be hosted by Colorado Attorneys for the Arts and led by our very own Dave Ratner. Dave will dissect the basic elements of a few standard types of contracts so you can be better informed and protected in your business.

This event is free when you register for For Collins Startup Week!

Click here to learn more!

Where: The CodeGeek Room - Fort Collins Startup Week

When: Thursday, February 27 from 9:00 - 9:50am

Click here to learn more about CBCA

Dave Ratner
Lay Listeners, Sheet Music, & Chord Progressions: The Future of Copyright Infringement Analysis in Music

In August 2019, a jury awarded a little-known songwriter $2.8 million in damages for copyright infringement. The alleged infringement involves four notes from Katy Perry’s hit song “Dark Horse.” The verdict can be viewed as a victory for the little guy—a Christian rapper who, pre-internet, would have struggled to show access, a required component of illegal copying. It can alternately be viewed as a dangerous precedent, opening the door for copyright trolls and deterring creation.

In 2017, Silicon Flatirons hosted a conference focused on the recently decided Blurred Lines case, in which Marvin Gaye’s estate secured a multi-million-dollar copyright infringement judgment against songwriters and recording artists, Pharrell Williams and Robin Thicke. Since that time, dozens of similar lawsuits have accused artists­—ranging from Ed Sheeran to Led Zeppelin to Lady Gaga—of unauthorized copying of others’ songs. Some of these cases have settled with few publicly-available details. Others have gone to trial with juries ultimately awarding millions of dollars in damages.

Join Silicon Flatirons at CU Boulder for their sixth annual content conference where they will welcome back some familiar faces, and new experts, to ask: Is this a good development? Are juries getting these “substantial similarity” cases right? If so, how do we know? If not, what are some alternative ways to handle these types of cases?

Find more information and register: Here

Dave Ratner
Client Spotlight: Cass Clayton
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Cass Clayton Band has become known across the region for its tight chemistry and high-energy stage presence, a reputation that has landed them on some of the best stages, shows, festivals and radio shows regionally and beyond. Clayton’s songwriting, lyrically and musically, has grown by leaps and bounds in a relatively short span. Her new album, PLAY NICE, pulls together disparate influences but ties it all up in a framework that would seem as at home in Muscle Shoals or on Beale Street as it would on Michigan Avenue or Sunset Boulevard – and that’s no accident. Known for their non-denominational approach to music and genre, CCB blends rock, R&B, funk, blues and soul into their own contemporary sound.

Cass and co-writer/producer, Taylor Scott, have won six songwriting awards through Colorado Music Business Organization and have garnered top reviews from magazines nationally and internationally. PLAY NICE is currently ranked #3 in the national R&B Chart. Cass’s previous self-titled record from last year won Album of the Year 2018 in the Colorado Blues Society Members’ Choice Awards. In addition, Cass has been voted as one of the top 3 slide guitar players in Colorado and top 2 vocalists (CO Blues Society Members’ Choice Awards). In February, 2019, she was featured on the cover of RECORDING Magazine with a 4-page feature article. Known for a uniquely soulful and velvety vocal style, Cass effortlessly moves from gentle and contemplative to a belting range that will knock you flat.

The Band includes some of Colorado’s favorite seasoned musicians: Loren Phillips (bass, bkg vocals), Dann Burke (lead guitar, bkg vocals), Steve Saviano (drums), and John Stilwagen (keys, bkg vocals). Internationally touring musician, Taylor Scott, is a regular guest musician producer, and co-writer for the band.

Found out more at www.cassclayton.com!

Dave Ratner
Art + Law: Colorado Springs
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Don’t forget to register for you spot and join Dave Ratner at Art + Law: Colorado Springs!

The morning CLE session, beginning at 10:00am will help attorneys learn how they can support Colorado’s creative community. The afternoon session, starting at 1:00 pm will focus on helping the creative community navigate legal issues. A networking lunch at 12:00 pm will be open to those attending either or both sessions

Details:

Date: Friday, November 15, 2019

Time: 10:00 am - 4:00 pm

Location: Harvey House at Catalyst Campus

Register Here

Dave Ratner
Copyright and the "Bundle of Sticks"

The owner of a copyright has a set of exclusive rights, and we like to call these rights your “Bundle of Sticks”.

Creative Law Network can help you protect your copyrights and use your bundle of sticks.

Contacts Us and let’s talk about your intellectual property needs!

Dave Ratner
Protecting Good Work is Good Business

As a creative professional, you’re constantly creating new and innovative offerings. Imagination is your tool and you wield it with skill. With pride, you share your discoveries with the world - only to see it copied or sold on some online store three weeks later.

It’s a story old as time: creators create, pirates profit. While your art, music, film or app, is your passion, each one may also be your livelihood. It can be frustrating to make a living when your work is stolen and sold out from under you. So, what can you do to protect your work and avoid litigation against those who are abridging your IP rights? Better yet, what can you do to protect yourself in the first place?

The answer is due diligence and up-front planning. 

Organization and due diligence can help creators avoid headaches down the line. It’s critical to keep track of the work you do, who you are doing it with or for, and take steps during the process to protect your work. While social media is great to get the word out about your latest innovation or design, move deliberately when it comes to the publication and promotion of your work. Once it’s in the public domain, it can be difficult to protect it from copying and infringement.

But all is not lost. There are concrete steps you can take to protect yourself and preserve the value of your work:

  • If your work is an image, sketch, painting, or photograph, use a watermark on any image you post online. This watermark provides the source of the work, and you can use a copyright notice. This is an easy deterrent against unauthorized copies and displays of the image – online or elsewhere. For music or film, you can also add digital watermarking, audio tags, or metadata, which allows you to track and monitor any unauthorized distribution of your work. 

  • If you are posting your content on your website, disable mouse right click or copy (Ctrl + C) hotkeys on your website. This makes it harder for individuals to copy your images or files to their computer or device for distribution or illegal use.

  • If you are selling online, display low-res images or video so high quality materials are only available by purchase.

  • Take digital photos of your finished work or save it with a digital timestamp. This provides you with proof of when your work was created in the event you need to demonstrate your priority as owner, if someone copies your work.

  • Never forget to include a copyright notice on your work and anywhere your work is publicly available.

Your creative works – regardless of medium or discipline - are not just a product of your passion. They are an asset that must be carefully monitored and controlled to maintain value and preserve your rightful protections. While most work is created with the purpose of profit, even if you aren’t creating with the intent to sell or generate value, these assets have incalculable worth and should be strategically protected.

 

Contracts are Essential to Value Creation and Preservation.

If you are designing, building, or creating something for someone, with someone, or are employing someone to distribute your work, a clear, well written contract is crucial.

Contracts can apply to any number of different scenarios, and there are many things a contract can clarify when it comes to your work and how to protect it. Fundamentally, a contract is imperative in determining ownership rights to, especially if other people are involved at different levels of work creation. In the event multiple people have contributed to your work, they all own it as joint owners, unless otherwise set forth in a thorough contract.

Contracts can also determine your rights to your work when it comes to commercial sale or licensing. Contracts are a tool you can use to your advantage in the protection and management of your creative works. But a tool is only useful if it is used for the right purpose. You don’t use a hammer to put in a screw. A lawyer with experience in the innumerable scenarios where a well written contract can protect your rights and thrive as a creator is an indispensable ally in building value in your work and business, helping you create a contract tailored to you and your situation with the best tool for the job.

Original Works Worth a Copyright

A copyright is an intellectual property protection available for original works of authorship that are tangible in form, whether published or unpublished. Think of a book, an article, a musical score, a video game.

So, what does that mean?

A copyright protects original work you create, such as art, music, photographs, movies, games, literary works, and so much more. A copyright covers the actual tangible creations, not the idea itself, and it’s important to note that a copyright in your work exists automatically upon the creation of that work. Under U.S. law, a copyright applies to the work the moment it is created.

 Then, I’m covered, right?

Yes. But there are steps you can take to strengthen that protection and enhance the value of your creativity and innovation. First, put a copyright notice on all your creative work. This serves as notice of your underlying claim to ownership.

Second, consider registering your copyright with the United States Copyright Office. You may be asking, “Why would I pay money for a protection that is automatically granted?” 

Registration with the Copyright Office provides you with extra protections, as well as extra pathways for remedies in the event of infringement. Registering confers a public record of ownership, protects again the import of infringing products into the US, enables you to bring suit in the federal courts in the event of violations against ownership, and allows you seek statutory damages and attorney fees - all of which you cannot do if you don’t register your work. Down the line, registration of copyrights can save you considerable money and hassle. Here again, qualified legal counsel – while representing an investment up front – can protect you against challenges to ownership in the future and costly remedies to prove your ownership rights.

Don’t Back Down 

So often, we see creators faced with the harsh dilemma of what to do when someone infringes on their work. Is it worth the hassle of tracking the infringer down? Will people look down on me for going after other artists or creators? Will it even work in the end? Never be afraid to defend and protect the product of your creative mind. Creative Law Network helps innovative, visionary creators across disciplines to find their voice and ensure your rights are protected. Sound counsel will ensure no one wrongfully profits off of your hard work.

When you’re designing a new video game, crafting a novel, writing music that will inspire, thinking strategically about how to protect creative work and what will happen once their labor of love reaches the world is often far from your mind. That’s why entertainment lawyers exist! It’s a highly specialized area of law that presents unique challenges for creators across disciplines. Creative Law Network was built for the arts and innovation. Count on us to assist you in protecting and controlling the creative assets you own, making sure you spend more time building, crafting, designing, and entertaining then chasing down infringers or defending your rights. We’re here to protect you and your work, walking with you at every step of the creative journey.

Contact Us

 

 

Dave Ratner