Intellectual Property
Copyright Law
Copyright is a form of Intellectual Property Law provided to authors of original work and applies to work fixed in an actual physical product.
Copyright laws protect owners of musical, literary, dramatic, graphic, audio-visual, pictorial, and architectural works.
Copyright grants creators of original work exclusive rights to display a work publicly, distribute and sell copies of the work as well as make derivatives of the work. Any unauthorized use of the copyrighted work or violation of any of the exclusive rights is a copyright infringement and can result in significant legal penalties.
Anna Kelberg-Kim provides experienced legal guidance to creative professionals and entertainment companies about the complexities of copyright matters and how to preserve the value of their assets. Anna regularly assists clients with copyright issues including copyright registration, negotiating copyright purchase/sale/transfer, taking down infringing content, and licensing agreements.
Trademark
A Trademark is a form of Intellectual Property consisting of a distinctive sign that is used by individuals or businesses in commerce for goods or services to identify their unique products to the consumer. A trademark can be in a form of words, names, symbols, designs, or logo. Trademark law protects trademark owners form unauthorized use of a trademark by another party in a manner that is likely to cause confusion to a consumer in relation to products or services which are identical or similar to the products or services of the rightful trademark owner. An unauthorized use of a trademark constitutes trademark infringement or unfair competition and can result in significant legal penalties.
Anna Kelberg-Kim regularly assists creative professionals and entertainment companies, such as music artists, literary artists, record labels, publishing companies, production companies, variety performers, start-up performing arts companies, film companies, and fashion companies in identifying their brands through establishing and protecting their trademark.
The Right of Publicity
The Right of Publicity, also referred to as Personality Rights, is the right of an individual to control the commercial use of their identity, i.e., name, image, and likeness, or other personal attributes. Generally, personality rights are asserted by celebrities or individuals whose name, voice, image, or signature brings significant commercial value to a product or a business.
In the United States, personality rights are protected by the state-based laws against unauthorized use or misappropriation of an individual’s image or likeness. Personality rights fall into two main types of legal claims: the Right to Publicity and the Right to Privacy.
Anna Kelberg-Kim provides legal guidance on protecting the value of a client’s personality rights in various aspects of their professional journey.