+1305-893-5644
Monday - Friday - 9:00 - 5:00
11077 Biscayne Boulevard, Suite 200Miami, Florida 33161
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Insurance Law

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Our Office Address

11077 Biscayne Boulevard, Suite 200Miami, Florida 33161

Our Phone Numbers

+1305-893-5644

Office Hours

Monday - Friday - 10:00 A.M. - 5:00 P.M.

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FAQ

IS THERE A FEE FOR CONSULTATIONS?

No, the initial consultation, whether conducted over the phone or in person, is provided at no charge. This allows you to assess your comfort level with the attorney and enables the attorney to gain an understanding of your situation, ensuring compatibility and a good fit.

WHAT HAPPENS AFTER THE INITIAL CONSULTATION?

Following the initial consultation, you can anticipate the attorney to review the details discussed and evaluate your case or situation. They will then provide guidance on the next steps, potential strategies, and the overall legal process involved in addressing your matter. This may involve additional meetings, gathering further information, or outlining a plan of action tailored to your specific needs.

WHEN IS PAYMENT REQUIRED FOR YOUR SERVICES?

We require payment upfront before commencing any work on your case or legal matter. This ensures that we can provide dedicated and timely assistance throughout the duration of our services to you.

WHO WILL HANDLE MY CASE?

The principal attorney takes direct involvement in all cases, overseeing the entirety of the legal process. Our team collaborates to ensure comprehensive support, with designated members assisting in various aspects of the case. However, it’s important to note that all final work is meticulously reviewed and submitted solely by the attorney, ensuring the highest quality and precision in your legal representation.

WHY SHOULD I USE AN ATTORNEY TO FILE COPYRIGHTS FOR MY SONGS?

Navigating copyright filings involves distinct requirements, especially when the owner of the master recording differs from the owner of the underlying musical copyright. An attorney’s expertise ensures adherence to these intricate and varying requirements, guaranteeing proper documentation and protection for your creative works. Their guidance is invaluable in safeguarding your rights and navigating the complexities of copyright law effectively.

IS A “POOR MAN'S COPYRIGHT” EFFECTIVE?

No, relying on a poor man’s copyright—such as mailing a copy of your work to yourself and keeping it sealed—does not offer legal protection or hold weight in copyright disputes. To enforce copyright and pursue legal action for infringement, registration with the copyright office is necessary. Without proper registration, the ability to sue for infringement is significantly limited.

WHAT DISTINGUISHES A TRADEMARK FROM A COPYRIGHT?

A trademark serves to register and distinguish the origin of goods or services, ensuring brand identification in the market. On the other hand, a copyright safeguards creative content, such as music, films, books, photographs, and artwork, providing protection against unauthorized use or reproduction of that specific intellectual property.

WHY SHOULD I HIRE AN ATTORNEY TO FILE A TRADEMARK?

The trademark application process is complex. It involves choosing the right category for your goods or services, known as an international class (IC). Attorneys understand these classes and can help you select the appropriate one. Additionally, the trademark process has various deadlines, and missing any of them can result in extra expenses or even the loss of your trademark. Lawyers use specialized software to keep track of these deadlines, ensuring timely submissions and protecting your trademark rights.

WHAT DISTINGUISHES MANAGEMENT FROM RECORDING AGREEMENTS?

A management agreement typically involves the manager receiving a commission from the artist’s overall income, without gaining ownership rights. Conversely, a recording agreement grants the record company ownership of the master recordings and may extend to other revenue streams, including earnings from tours, merchandise, and occasionally publishing royalties.

WHAT IS A PERFORMING RIGHTS ORGANIZATION (PRO)?

ASCAP, BMI, GMR, and SESAC represent notable PROs within the United States. These organizations specialize in collecting royalties stemming from specific uses of your musical compositions, notably in public performances. Their primary function includes the collection of royalties from terrestrial radio, television, motion pictures, and a segment of streaming revenue, ensuring that creators receive compensation for the public use of their musical works.

WHAT IS SOUNDEXCHANGE?

SoundExchange functions as an entity responsible for gathering and distributing royalties resulting from the performance of sound recordings on non-interactive digital platforms, such as Pandora, Sirius XM, and digital radio services. The allocated payments are divided as follows: 50% to the record company, 45% directed to the artist, and a remaining 5% contributing to a fund supporting non-featured artists, specifically the Intellectual Property Rights Distribution Funds managed by AFM and SAG-AFTRA. This process ensures that performers and copyright holders receive compensation for the use of their recorded works across various digital platforms.

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