In a copyright story with a twist, a photographer is taking the late singer Prince’s estate to court. Madison Dube says that the singer’s estate is wrongly using her photography and creative work without permission or a licence.
Maybe their star has waned. Perhaps one member thinks they can fair better if they go it alone. Or maybe it’s just down to the old favourite “creative differences”. Whatever the reason, bands break up all the time. And following a break up, disputes as to who has the right to use the old band name often follow. In this article, the team at Dawn Ellmore Employment take a look at some of the band name disputes that have arisen between former members of some of the world’s largest rock bands.
In the world of modern commerce, the situation frequently occurs that two enterprises find themselves using an identical or similar trade mark to market their own products or services, without each company’s actions necessarily interfering with the business of the other. Coexistence agreements are often used to formalise the parties positions in such situations, wherein each party recognises the right of the other party to their respective mark, and an agreement is reached as to the terms on which they may exist together in the marketplace.
Maybe their star has waned. Perhaps one member thinks they can fair better if they go it alone. Or maybe it’s just down to the old favourite “creative differences”. Whatever the reason, bands break up all the time. And following a break up, disputes as to who has the right to use the old band name often follow. In this article, the team at Dawn Ellmore Employment take a look at some of the band name disputes that have arisen between former members of some of the world’s largest rock bands.
In the world of modern commerce, the situation frequently occurs that two enterprises find themselves using an identical or similar trade mark to market their own products or services, without each company’s actions necessarily interfering with the business of the other. Coexistence agreements are often used to formalise the parties positions in such situations, wherein each party recognises the right of the other party to their respective mark, and an agreement is reached as to the terms on which they may exist together in the marketplace.
If there is one invention that not only changed the way the people lived at the time it was made, but has gone on to be used by almost the entire world ever since, then that invention is the electric light bulb. The history of the light bulb’s development and patent ownership is an interesting one, involving the man who has been described as America’s greatest inventor, as well as one of its most controversial: Thomas Edison.
The prominence of social media and reality TV has provided many opportunities for a new kind of celebrity that I incredibly savvy when it comes to building a brand. Before there split at the beginning of 2021, Kim Kardashian and Kanye West were one of the most well-known celebrity couples in the world, and they certainly knew how to exploit that fact. As they have trade marked the names of all of their children, you could say that they like to keep it in the family…
The prominence of social media has brought branding issues to the forefront, and something that successful sports people and teams have to be aware of in order to protect their brand.
As another festive season approaches, Dawn Ellmore Employment takes a look at some of the more interesting Christmas tree related patents that have been granted over the USA.
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The much-loved video game Tetris was first published on 6th June 1984 and, as with anything that gains popularity, many copycat versions have appeared over the years. In this article, Dawn Ellmore Employment takes a look at the history of Tetris and how the owners of the original have managed to combat the work of infringers.
In this article, Dawn Ellmore Employment reviews the patents that highlight some of the technology that will be used to create an immersive experience for visitors, and what it will mean for future holidays at the Galactic Starcruiser hotel.
In February 2004, Mark Zuckerberg and four of his Harvard roommates launched a social networking service which they named “TheFacebook”. On the anniversary of the service’s launch we take a look into Zuckerberg’s background, and how he developed from a programming prodigy to the world's youngest self-made billionaire.
Ever since Keeping Up With The Kardashians burst onto our screens in 2007, Kris Jenner and the rest of the Kardashian/Jenner family have been working hard to make sure their names stay in the limelight. Here, we take a look at the more controversial trade marks and recent trade mark battles of the famous family.
The recent death of the inventor of the “cut, copy and paste” functions lead us to reflect on other innovations which make our everyday working life easier
Sonos, the US home speaker pioneer, has recently brought a patent infringement action against Google, claiming amongst other things that Google’s own branded speakers infringe on Sonos’s technology.
We take a look at how the companies got to this position, which of Google’s products are affected, and how Amazon also feature in the dispute.
Annual Dawn Ellmore Employment Survey Shows Strong Pay Rates in Sector with Graduate Trainees Taking Home up to £34,000pa. Big year on year rises also seen in regions outside of London.
We all recognise a trade mark today, even if we don’t fully understand the law behind it. Modern trade mark law has been around in the UK for a long time, but before the first Act was passed traders and merchants instinctively used symbols and marks to differentiate themselves.
If there is one invention that not only changed the way the people lived at the time it was made, but has gone on to be used by almost the entire world ever since, then that invention is the electric light bulb. The history of the light bulb’s development and patent ownership is an interesting one, involving the man who has been described as America’s greatest inventor, as well as one of its most controversial: Thomas Edison.
The prominence of social media and reality TV has provided many opportunities for a new kind of celebrity that I incredibly savvy when it comes to building a brand. Before there split at the beginning of 2021, Kim Kardashian and Kanye West were one of the most well-known celebrity couples in the world, and they certainly knew how to exploit that fact. As they have trade marked the names of all of their children, you could say that they like to keep it in the family…
The prominence of social media has brought branding issues to the forefront, and something that successful sports people and teams have to be aware of in order to protect their brand.
As another festive season approaches, Dawn Ellmore Employment takes a look at some of the more interesting Christmas tree related patents that have been granted over the USA.
With the news of the recent passing of Sir Clive Sinclair, we take a look back at the life and innovations of a pioneering man who was in many ways ahead of his time, and was one of the founding fathers of the home computing boom in the UK in the early 1980s.
The tetris puzzle, how to stop copycat game publishers in their tracks slid...Dawn Ellmore Employment
The much-loved video game Tetris was first published on 6th June 1984 and, as with anything that gains popularity, many copycat versions have appeared over the years. In this article, Dawn Ellmore Employment takes a look at the history of Tetris and how the owners of the original have managed to combat the work of infringers.
In this article, Dawn Ellmore Employment reviews the patents that highlight some of the technology that will be used to create an immersive experience for visitors, and what it will mean for future holidays at the Galactic Starcruiser hotel.
In February 2004, Mark Zuckerberg and four of his Harvard roommates launched a social networking service which they named “TheFacebook”. On the anniversary of the service’s launch we take a look into Zuckerberg’s background, and how he developed from a programming prodigy to the world's youngest self-made billionaire.
Ever since Keeping Up With The Kardashians burst onto our screens in 2007, Kris Jenner and the rest of the Kardashian/Jenner family have been working hard to make sure their names stay in the limelight. Here, we take a look at the more controversial trade marks and recent trade mark battles of the famous family.
The recent death of the inventor of the “cut, copy and paste” functions lead us to reflect on other innovations which make our everyday working life easier
Sonos, the US home speaker pioneer, has recently brought a patent infringement action against Google, claiming amongst other things that Google’s own branded speakers infringe on Sonos’s technology.
We take a look at how the companies got to this position, which of Google’s products are affected, and how Amazon also feature in the dispute.
Annual Dawn Ellmore Employment Survey Shows Strong Pay Rates in Sector with Graduate Trainees Taking Home up to £34,000pa. Big year on year rises also seen in regions outside of London.
We all recognise a trade mark today, even if we don’t fully understand the law behind it. Modern trade mark law has been around in the UK for a long time, but before the first Act was passed traders and merchants instinctively used symbols and marks to differentiate themselves.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
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Luke Rehbein on the news story about a photographer suing Prince’s estate for copyright infringement.
1. Luke Rehbein on the news story about a photographer suing Prince’s estate
for copyright infringement.
In a copyright story with a twist, a photographer is taking the late singer Prince’s
estate to court. Madison Dube says that the singer’s estate is wrongly using her
photography and creative work without permission or a licence.
And while this sounds like a relatively straight forward copyright claim, it’s interesting
because of her reasoning behind retaining the right to her work. In her lawsuit in the
US District Court for the District of Minnesota, Ms Dube alleges that Prince’s estate
is prioritising “corporate interests over artists’ rights, in direct contravention of
Prince’s well-known principles and legacy.”
In other words, Ms Dube says the reason she didn’t sign over any of her work to
Prince, despite his level of fame and wealth, is that his views reflect the need for
artists to retain control over their work.
2. Prince was a “friend and mentor”
Ms Dube says that her work came to Prince’s attention in 2013, and he became a
close friend and mentor to her until his death in 2016. The lawsuit, which was filed
against his estate and associate companies in November 2019, describes Ms Dube
as a “gifted photographer and artist”. It further describes how she came to “the
attention of one of the most talented musicians and entertainers of our time – Prince
Rogers Nelson, more commonly known as ‘Prince’”.
Following the forging of their working and personal relationship, Prince
commissioned Ms Dube on many occasions between 2013 and 2016. She provided
different forms of creative work to Prince on a freelance basis. These include
videography, film, voice work, graphic design and photography among other
contributions.
While working for Prince, Ms Dube chose to retain rights to all of her photography,
designs and creative work rather than signing them to the singer. In the lawsuit, Ms
Dube clearly states that she did this due to the fact that “Prince maintained a strong
edict that an artist should retain control over their artistry.”
3. Prince’s estate allegedly going against singer’s wishes
However, following Prince’s untimely death in April 2016, Ms Dube says that his
estate has been using her intellectual property in the form of photography. She
alleges they have used her images on record releases, advertising, promotional
goods and merchandise, all without her permission and without a licence.
Furthermore, she says that the estate is fully aware that they are using her work.
Citing the fact that the estate as, on occasion, credited her as photographer, and at
other times reached out to discuss licensing, Ms Dube argues that they have proven
that they are aware that the intellectual property belongs to her.
The lawsuit says that the legal action is being launched by Ms Dube to “assert her
rights under the Copyright Act”. It also outlines that she wants to keep the integrity of
her own art, which is currently “being commercialised by the defendants and being
used for mass-produced sales, advertising and marketing without her consent.”
Ms Dube’s lawsuit hinges at least partly on the claim that the estate’s use of her
photography directly contravenes Prince’s own personal working ethos. She wants
the court to grant an injunction to bar any future use of her work by Prince’s estate,
and for damages sufficient to cover all use of her work so far.
However, given Prince’s estate has taken the approach of using her work and asking
questions later, it will be interesting to see how Ms Dube’s claims pan out. A decision
is expected next year.