Articles

Esports Business 101 – “The Landscape” By Justin M. Jacobson, Esq. & Harris Peskin, Esq. In the past few years, there has been an explosion of international exposure and interest in the world of competitive video gaming, better known as “esports.”  Electronic sports or esports have evolved to the mainstream with professional video-gamers competing in...
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A Look at Non-Traditional Trademarks: Color, Sound & Scent In The United States By Justin M. Jacobson, Esq. Trademarks and service marks are essential and valuable assets of a company.  They are used to identify the source of a particular good or service to the consuming public and are an indicator of the quality of...
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The Legalities Of A “Cover” Song By Justin M. Jacobson, Esq. It is natural for musicians to record other people’s tunes.  The subsequent version of an original song is called a “cover.”  The creation and distribution of cover songs has become an increasingly widespread trend.  It continues to explode with the increased usage of social...
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A Brief Examination of The Postmortem Right Of Publicity By Justin M. Jacobson, Esq. As technology advances, additional legal situations, including those relating to the rights of the deceased, continue to arise. One of today’s hot button issues is the use of computer-generated imagery (“CGI”) and computer-generated holograms (“CGH”) recreating deceased individuals for commercial purposes...
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The Artist & Record Label Relationship – A Look At A Standard “Record Deal” By Justin M. Jacobson, Esq. In our prior installment, we examined the artist and manager relationship and explored a variety of standard clauses as well as negotiations tactics.  We now start our initial examination of a few selected clauses from a...
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Esports Law: What Makes Gamer-Tags and Team Names Such Valuable Trademarks? By Justin M. Jacobson, Esq. With the rapid international expansion and increased profitability of esports, including a surge in the number of players and teams involved in the competitions, the need to properly protect one’s “brand” and its associated intellectual property grows even more...
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Part 2: The Artist & Manager Relationship — A Look At Recording Industry Management Agreements By Justin M. Jacobson, Esq. We will continue from our prior installment on “The Artist & Manager Relationship.” We will now explore some additional contract clauses included in most management agreements as well as a few negotiation tactics for these...
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Part 1: The Artist & Manager Relationship — A Look At Recording Industry Management Agreements By Justin M. Jacobson, Esq. We will now begin a series of articles exploring several music business agreements.  The first agreement we will examine is the agreement that governs the artist (talent) and personal manager relationship.  An exploration of what...
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By Justin M. Jacobson, Esq. The expansion of new technologies and the domination of social media as a means for distribution and mass marketing have caused an explosion of independent fashion designers creating their own brands.  From clothing to apparel and other related accessories, these new entrepreneurs are part of this new “do-it-yourself” movement, consisting...
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By Justin M. Jacobson, Esq. Continuing from our prior installment where we discussed copyright law and how it relates to the music industry, we should now briefly explore how trademark law is related to the music business. As they say on Madison Avenue, “it’s all about the name;” and, trademark law provides protection for a...
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