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Sunday, April 29, 2012

Expert Blog


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LexisNexis is a provider that combines information and technology in order to educate professionals in legal, risk management, corporate, government, law enforcement, accounting, and academic markets (LexisNexis, 2012).  LexisNexis provides many podcasts in order to share information with its professionals and I recently listened to one on IP laws.  On this episode, Walter Palmer and Cristina Pinheiro, talk about the developments of IP laws in Brazil in 2010.  They focused on Trademark, Copyright, and Patent laws, and how they have changed over the years, and how they hope to change in the future.  There was something very interesting to me about music copyrights in Brazil.  Palmer talked about how it is illegal in Brazil to buy a CD from the store, take it home, burn it on your computer, and then make a copy to a blank CD.  Something else very interesting about this podcast was the discussion that took place about Law No. 9.610.  This Law on Copyright was originated in 1988, but was not official until February 19, 1998.  It took the government ten years to come to an agreement on what copyright laws and punishments needed to be in the Law.  Brazil still has a lot of work to do in order to finalize the IP laws to something everyone is satisfied with.  They are hosting the 2016 Olympics and are trying to finalize most of these laws before this event.




Legal Talk Network, LLC provides podcasts that talk about important legal issues with well-known guests (Legal Talk Network, 2012).  I recently listened to a podcast on worker’s compensation and got a lot of insight on the history of the matter.  Host Attorney Alan S. Pierce, spoke with the Honorable Richard S. Tirrel from the Department of Industrial Accidents and Attorney Joseph F. Agnelli Jr., partner at Keches Law Group, P.C.  This podcast took place in 2011, which marked the 100th anniversary of worker’s compensation.  The host and guests talked about the many influencers of worker’s compensation and the one name that really stood out to me was Theodore Roosevelt.  Roosevelt introduced the first part of workers’ compensation legislation to become a law (Legal, 2008).  The law is called the Federal Employer’s Liability Act and covered workers in unsafe work environments and employees in similar situations (Legal, 2008).



The last podcast that I listened to was an Entertainment Law Update Podcast.  Gordon P. Firemark and Tamera Bennet hosted this podcast, with special guest Erin Jacobson.  A lot of topics were discussed in this podcast including 360 deals in conflict with the Talent Agencies Act, music sales vs. license litigations, copyright termination updates, ReDigi injunction denied, Aereo and retransmission fees, and many more.  There were a couple of cases that were really interesting to me that I had no idea were currently happening.  Drake’s ex-girlfriend Erika Lee is suing him for royalties over a song he released called Marvin’s Room.  In the song there is a phone conversation that is dispersed throughout the song that Lee’s voice is on.  Drake has offered her money but she has denied all offers and wants to take it to court.  Another topic that really made me think about digital downloads is the topic of music sales vs. license litigation.  Artist are putting up a fight and requesting that if iTunes, Amazon, or other digital sites sell their music that it should be sold as a license instead of a sale.  When music is sold as a sale, an artists only gets about 12-14% of the profit, where if it is sold as a license the artist can get as much as 30%.  I thought that was very interesting and helps explain why all artists don’t necessarily like selling their music on digital sites.

I learned a lot of great information from these podcasts.  They gave me new insights on IP laws, workers’ compensation laws, and different laws that pertain to the music industries in regards to copyright, music sales, licenses etc.  However, when it comes to my business, the most important thing I learned was from the LexisNexis podcast.  Even though the laws they were taking about were from Brazil, it is very important for me to research and keep up with the changing of the laws.  It seems that there are always elements that change or are being revised.  In order to protect my business from others, or protect myself from infringing on other businesses, it will be my responsibility to check on the laws.  This will ensure that my business is following all of the IP laws correctly.

Ericka Womack-Brown


References

Legal Talk Network. (2012, January 1). The Company. Retrieved April 24, 2012, from Legal Talk Network: http://legaltalknetwork.com/about/the-company/

Legal, R. (2008, July 10). 2008 Theodore Roosevelt Workers' Compensation and Disability Management Awards. Retrieved April 24, 2012, from Roland Legal PLLC: http://rolandlegal.wordpress.com/2008/07/10/2008-theodore-roosevelt-workers-compensation-and-disability-management-awards/

LexisNexis. (2012, January 1). About LexisNexis. Retrieved April 24, 2012, from LexisNexis: http://www.lexisnexis.com/en-us/about-us/about-us.page





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