Arts Cases Available for Placement

November 17, 2023

Interested in taking on a pro bono case with GLA? Please contact us at:

Thank you to Pearson Beardsley of Beardsley P.C., Alan Clarke of Greenspoon Marder LLP, Charley Brown of Ballard Spahr LLP, and Michael Riesen of Smith, Gambrell & Russell LLP for taking a case since our last newsletter.

CONTRACTS

A5089-1-K: Contract dispute and non delivery of services

Client is a writer of erotic romance. Client entered into an agreement with a publishing company (Adverse Party), documented in emails. AP sent Client a contract with different terms than the emails, which Client does not recall signing. Client was to receive services including an e-book version of her book, an Amazon listing of the book and 20 physical copies of the book. Client paid for all services, but did not the promised e-book. AP did create an Amazon page for the book but did not provide Client access, nor are the profits from book sales being shared. Client seeks assistance with delivery of outstanding services, access to the Amazon listing and an accounting for and payment of any profits from the sale of the book.

A2204-3-K: Contract Termination Agreement

Client designs home furnishings. He is also an inventor who, using the services of Georgia PATENTS, obtained a patent. Client licensed his patent to a company (AP) in March 2021. Since then the product has been in development. Based on his experience, Client advises that development for this type of product is 6 - 9 months. Client and licensee have come to an agreement to terminate the license contract. Client seeks drafting and negotiation of the terms of the agreement.

The contract is governed by New York law.

B5993-1-R: Filmmaker seeks Advice and Negotiation on Possible Infringement

Artist is a graphic artist and filmmaker. He produced a feature length sci-fi film in 2015 which received distribution in 2016. In 2017 a sci-fi series was produced that Client believes uses original elements of his movie, including dialogue, lead character name and attributes , and props. Client has prepared a side-by-side comparison of his elements and the elements he believes are copied. Client's movie was distributed on DVD in a large national retailer and the trailer was on youtube. The series was produced by an individual who worked for one of the companies distributing Client's film. Client would like advice on whether the series infringes his copyright, and if so,assistance in negotiating a licensing deal, including credit.

DISPUTE RESOLUTION

A4817-1-D: Photographer Seeks License Fee for Use of Photographs on Website

Client has been a photographer for in excess of 15 years. He posted 2 of his photographs on Flickr with his name and contact information for use. One photo was manipulated with photoshop in a manner that made it quite distinctive. Both photographs had tags. Client discovered his photographs on a website. He took screenshots of the use and contacted the Adverse Party asking for a license fee. Shortly thereafter the photographs were removed and there has been no contact from the AP. Client seeks reasonable compensation for the use of his photographs.

TRADEMARKS

A5319-1-R: Trade Mark Office Action

Artist designs street wear. He created and started using a logo (design & words) approximately 5 - 6 months ago. He has sold his wares in Georgia and California. He filed to register his logo and received an Office Action on September 25 stating his mark was confusingly similar to other marks. Client would like advice on whether his mark is confusing, what steps to take to make it registrable and assistance with the Office Action. Client has stated he will apply for an extension to respond to the office action.