Law Office of Diane Leigh Davison

This is a big year for PD, as the granddaddy of them all enters the Public Domain. It's because of Mickey that the copyright term was even extended to the length it is.

From Escher to Mickey Mouse, Here Are the Artistic Gems Entering the Public Domain in 2024 | Artnet News As 2023 turned to 2024, yet more creative works have shed their copyright protections and joined the public domain.

Great Talk Inc. Presents Panel Discussion on Educating Today’s Children - JMORE For the first program of its 2023-2024 season, Great Talk Inc. will explore the subject of public education. Jmore spoke with one of the panelists, Dr. Joshua L. Glazer, about his perspective on the challenges facing today’s public schools.

It is important in business (and in life) to recognize when people are toxic, trying to always take a shortcut, or have other behaviors which should be huge warning signs. After more than 30 years of law practice I am much more selective as to clients whom I accept and continue to service. Take heed & trust your instincts!!

SCOTUS rules against Andy Warhol Foundation; Warhol use of Prince photograph NOT transformative use and constitutes copyright infringement.

Supreme Court rules against Andy Warhol in copyright case with implications for artists Warhol's foundation said the Prince silkscreen fell under the fair use doctrine, which permits reproduction of material in some cases.

To all my Writer's Guild clients and friends: courage and steadfastness for a speedy and successful resolve!

Non-competes banned? This could be a game-changer with the only proposed exception involving the sale of a business. This could start a seed-change that percolates down to the state levels.

The FTC Rule Banning Non-Compete Agreements - Issuu A hot topic in antitrust today is the FTC’s proposed rule banning non-compete agreements as an unfair method of competition under Section 5 of the FTC Act. The proposed rule has been published in the Federal Register and the FTC is now seeking comments.

On December 14, 2022, the names of Maryland’s two appellate courts will change. The Court of Appeals of Maryland will be renamed the Supreme Court of Maryland. The Court of Special Appeals will be renamed the Appellate Court of Maryland.

This Supreme Court case will hopefully just affirm the Fair Use Doctrine which provides an exception only for deminimus use in criticism, education, news, and the like. Here Warhol likely infringed on Goldsmith's copyrighted photo of Prince.

The Andy Warhol Case That Could Wreck American Art Without strong fair-use protections, a culture can’t thrive.

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Deemed no actual or subconscious copyIng.

Ed Sheeran wins 'Shape of You' plagiarism case British musician Ed Sheeran has won a high-profile copyright case over his 2017 hit song "Shape of You."

Another copyright infringement saga. https://www.theguardian.com/music/2022/mar/15/songwriter-concerted-plan-interest-ed-sheeran-song-legal-dispute

If you want to buy or sell ATV, dirt bike, or motorcycle parts, or even other items, try the new sales platform https://fizno.com from my client. Non-commission purchases & sales!

Fizno.com - Buy and Sell 0% Commission Want to Quit Losing Money on Sales? Our goal is to facilitate easy selling and buying. We believe that you earned every dime that you make from selling on our site, and you should keep it! That’s why when you sell with Fizno, we never take a commission.

How lucky am I that I have clients who thank me with gifts such as this lovely flower delivery! ❤️

Couldn't be a better explanation of what constitutes the copyright in a musical composition. I'm constantly explaining this to clients who just don't get it. Copyright in an original musical composition = melody + lyrics.
Instrumentation or arrangements do NOT constitute copyright in musical compositions.

Sir Paul McCartney: "We were mates and nobody was into copyrights and publishing, nobody understood – we actually used to think when we came down to London that songs belonged to everyone....Because George did the solo we figured that he 'wrote' the solo. That wouldn't be the case now. [Bruce] Springsteen writes the record and the guy who plays the solo doesn't 'write' it."

(Of course he's also kinda dissing George here with this statement, a totally separate issue!🎸😆😉)

https://www.express.co.uk/entertainment/music/1558650/the-beatles-paul-mccartney-george-harrison-quarrymen

The Beatles Paul McCartney: 'George Harrison didn't write band's first song' THE BEATLES songwriter Paul McCartney teamed up with George Harrison on the band's first-ever recorded song, and they were both credited with its composition - but Paul now says it was all down to him.

So very sad to learn of the recent death of another of one of my clients who was part of the early history of rock n roll, Gerry Granahan. Condolences to his family & friends. 💔🎶

This is significant if approved!

Governor Hogan Announces Legislation to Eliminate SDAT’s $300 Annual Business Fee Transformative Legislation Will Make Maryland Most Competitive State in the Country for Annual Business Filings

ANNAPOLIS, MD—Governor Larry Hogan today announced legislation that eliminates the filing fee for businesses that submit their annual report online.

Maryland would be the first state in the country to provide a zero-fee option for all businesses for this type of filing, which is required to be submitted every year with the Maryland State Department of Assessments and Taxation (SDAT). Annual reports, and most business filings, can be submitted online using the Hogan administration’s award-winning Maryland Business Express website.

I find this questionable as this is not how copyright works...?! Happy Holidays as YOU try to figure this one out!! 🕎🎄

An Algorithm Has Created Every Possible Musical Melody So No One Can Ever Sue For Copyright Infringement New music is no longer a thing, thanks to a pair of lawyers who created an algorithm to write every single musical melody that can possibly exist. Rather t

End of year rush as many clients try to squeeze in last minute contracts, cleanup, and deals for some odd reason! Lots of 1/1/22 corporate & LLC formations ready to go! Happy Holidays to all my clients, colleagues, and soon-to-be clients!

At this late time in the year I always advise clients NOT to form new entities unless there is an urgent need since you will only be in business a month or less and have to then renew it with the state for $300 and file tax returns. Instead clients hire me now to prepare the LLC or corporation for filing on 1/1/22. In the meantime any contracts can be entered into in the name of "the entity to be formed" and subsequently adopted by the entity as one of its first corporate acts. ⚖️ My consultations are always free and I generally quote flat fees for my legal services.

Diane Leigh Davison is now admitted to practice before the DC Bar ! 🏛⚖️

Important copyright issues are raised in this case so it will be interesting to follow and see the final outcome!

Justices to examine importance of compliance with Copyright Office formalities - SCOTUSblog It is fair to expect that the argument on Monday in Unicolors v. H&M will be a real mess. The basic problem is that the parties disagree so much about what issues are before the court that I have to give you paragraphs of introduction before you can even have a good sense of what issues the cour

Many more popular works will be rightly reverting to the original authors, as the large studios, record labels, book publishers, and others fight to retain copyrights they can no longer claim.
Copyright Termination Services Corp

https://www.hollywoodreporter.com/business/business-news/friday-the-13th-copyright-termination-appeal-1235023236/

‘Friday the 13th’ Screenwriter Wins Big Appeal Over Copyright Termination Victor Miller is set to reclaim the domestic rights to the franchise from the producer.

The Warhol Foundation is liable for copyright infringement of photographer's picture of Prince embodied in a Warhol painting, which the Foundation subsequently marketed in prints & merchandise. Their defense of Fair Use was struck down as invalid.

content.next.westlaw.com

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An update on some of my recent client matters:
quite a few cease & desist letters (possibly as a sign of the times), reviewing music & book publishing contracts, a stock sale, a vehicle purchase, ongoing post-judgment debt collections, clearance of rights for a book manuscript (determining public domain uses), copyrighting books & screenplays, drafting a 360 record deal, drafting a will & living will package, and finalizing a sale of major music publishing rights to Universal Music Group. 👏🏻👏🏻👏🏻

Profound sadness at the sudden death of Barbara Brown, my Auntie Bibs and longtime client, founding member of The Angels and The Starlets, and member of the Vocal Group Hall of Fame. RIP with love. (Pictured top)