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Browning-Smith PC Comments on Proposed Rulemaking – Unpublished Groups

Posted by on Nov 17, 2017 in Life |

These Comments are posted in hopes of encouraging others to make their voices heard.  The most important issue is that each persons unique voice is heard whether one agrees or not with the Proposed Rule.  For More Information Regarding the Proposed Rule – Please See Our Blog Post Here 17 November 2017 Karyn Temple Claggett Acting Register of Copyrights and Director of the US Copyright Office 101 Independence Ave. S.E. Washington, D.C. 20559-6000 Sent Via Upload to Regulations.Gov  RE:   ...

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Your Voice Matters! Its Time to Speak Up NOW!

Posted by on Nov 8, 2017 in advocacy, art, Artists, Life |

The US Copyright Office wants to hear your comments regarding the registration of Unpublished Works with the US Copyright Office.  Comments on the Proposed Rule will be accepted until November 13, 2017 at 11:59 PM EST. **Sorry in Advance for the Legalese!** Currently, A Claimant may register as many unpublished works together under a single claim/application and with one fee provided the requirements of 37 C.F.R  202.3(b)(4)(i)(B) are met: (B) In the case of unpublished works: all...

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Here Comes the ….Contract, Social Media and Ownership Case!

Posted by on Aug 4, 2017 in Artists, claims, Contracts, copyights, Copyrights, Life |

This week the Internet went abuzz – A Bride and Groom have to pay their Wedding Photographer $1.08 million dollars?!?  WHAT?  How can that be?  The condensed version – it appears as if Andrea Polito and Andrea Polito Photography, Inc. was hired by Neely and Andrew Moldovan to photograph their wedding.  A contract was signed between the parties.  When the Moldovan’s chose their proofs to create their wedding album an additional charge was due Ms. Polito per the signed...

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POTTY MOUTH! The New Law of Trademarks!

Posted by on Jun 21, 2017 in advocacy, art, Life, trademark office, Trademarks |

Matal v. Tam As I kid I knew one of the quickest ways to get into trouble was to have “a potty mouth.”  A Potty Mouth?  What was that – swear words, words that referred to something out of the social norm, or body parts?   My parents’ definition of “Potty Mouth” changed all the time.  The punishment did not – soap, a swat, or a time out…. The General Rule for the US Patent and Trademark Office (USPTO) has been to deny a trademark registration...

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Posted by on May 18, 2017 in art, CHA, copyights, copyright, copyright registration, Copyrights, Life |


Creative Businesses face many different challenges.  Many times the owner of a small business is everything from CEO to CJC (Chief Janitor in Charge).  A short time ago I was able to write an article for the Association for Creative Industries (formerly the Craft and Hobby Association) trying to help creative businesses unlock the code of many of the legal issues faced by small creative businesses today! The use of this article is solely for a one time individual use and cannot be copied or...

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Posted by on Apr 25, 2017 in Artists, Life |

BE FEARLESS! The Bull and the Girl – A Case for Collage and Derivative Works!   Christopher Penler / The world was abuzz on International Women’s Day in March 2017 when Kristen Visbal’s fifty inch, two-hundred-and-fifty-pound Fearless Girl stared down Arturo Di Modica’s eleven feet, seven thousand one-hundred-pound Charging Bull in Manhattan in the Wall Street District.  The little girl, with her hands on her hips, seemed to signal to the world and specifically Wall Street...

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