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The New Small Claims Procedure: Get on the CASE

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              We all think of December’s $1.4 Trillion COVID relief bill as extending unemployment benefits, the Paycheck Protection Program and assorted other political pet projects designed to boost the economy during the pandemic. But, did you know that buried within the 5900 pages of the bill, there’s special relief for writers and artists? Unfortunately, it’s not a stimulus check, but it’s something better – protecting yoru valuable copyrights.             The “Copyright Alternative in Small-Claims Enforcement (CASE) Act” was eacted to establish a copyright small claims system that allows copyright creators, such as authors, to take action against infringers on a smaller scale than filing expensive lawsuits with pricey lawyers in federal court. The idea for small claims copyright relief has been kicking around in Congress since 2003, with no luck. Finally, in...
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SONIAH KAMAL AND MER DELIA OWENS PATTI CALLAHAN HENRY MIRA T. LEE                                                                                                                   SOME THINGS TO TALK ABOUT: SPEAKING ABOUT YOUR BOOK AND YOURSELF              For me, Savannah, Georgia is a magical city. With the Spanish Moss dripping from the gnarly live oaks hanging over the antebellum mansions, fountains and charming squares, you can’t help but feel that you’re in a ghost story.              On Saturday, February 16, 2019, Savannah was bursting with stories an...
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Copyright Royalties : No R-E-S-P-E-C-T

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                         The recent passing of Aretha Franklin has highlighted the issue that artists, whether they are musicians, visual artists or writers, truly get no R-E-S-P-E-C-T in terms of statutory royalties due under the copyright laws. When Ms. Franklin died in August, her cry of empowerment, “ RESPECT ”, had been played over seven millions times on American radio stations, and she’d never received a penny for any of these performances. That’s because under the copyright law, only writers and publishers of musical compositions, in this case, Otis Redding, are entitled to receive royalties.            One major impediment to receiving compensation is that the copyright law has been weak in keeping pace with technology. In the 1990s, Congress passed a bill to allow performing artists to collect royalties from internet and satellite radio, but songs recorded before 19...
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      On October 15, 2018, my friends, family and supporters of the PPLD gathered to celebrate the 32nd Adriance Honors. Chris Silva, Executive Director of the Bardavon 1869 Opera House was the master of ceremonies as her presented myself and Mark and Julie Nelson with the awards.      I have had a long, wonderful relationship with the Poughkeepsie Library and below is the speech I presented in honor of this wonderful occasion.             I would like to thank the Friends of the Poughkeepsie Public Library District for this prestigious Adriance Honor.             Many of you have known me for a long time. We’ve worked together, played together and some of us have even rock and rolled together.             However, there are probably things about me that you don’t know, especially concerning my li...
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Choosing a Business Entity: Minding your Business

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           In July, Immortal Works Publishing of Salt Lake City, Utah accepted my debut thriller novel,  The Midnight Call , for publication. As a writer, this is a dream come true, and as an attorney, it raised certain questions about how to handle the business side of writing.             We all know that there is the writing and the business of writing. The former is act of creative expression, where the thoughts fly out of our heads quicker than we can capture them on the page. The later is the dollars and sense of the writing biz. It’s the monetary investment in your craft - joining organizations like Sisters in Crime, taking classes and seminars, attending conferences, hiring an editor, self-publishing expenses, book promotion and touring. It’s also the Holy Grail – getting a publishing deal and receiving royalties.           ...
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                                                            The Tweet that changed my life             Last year, I read “Year of Yes” by Shonda Rhimes. Yes, the “Grey’s Anatomy”, “Scandal” and “How to Commit Murder” Shonda Rhimes. Usually, I avoid memoirs and self-help books, but I’m addicted to Shondaland. Besides, she’s a self-made Hollywood icon and I was hoping for some dish on my favorites television characters.              Despite Shonda’s fame and fortune, she described herself as being socially paralyzed. She felt like she was living in a vacuum, dividing her time between her kids and her demanding television schedule. When on Thanksgiving 2013, her sister Delores remarked “You never say yes to a...
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Right of Publicity: Naming Names             In my last article, I discussed Copyright basics. I’d like to reiterate that just as someone else must obtain permission from you to reproduce your work, you must similarly oblige. Let’s say that you have a scene where your heroine is serenading the hero on guitar with “Just The Way You Are” by either Bruno Mars or Billy Joel. In order for you to use any lyrics from that song in your novel, you must get permission from the copyright owner (Billy or Bruno) unless the material is in the public domain and not subject to copyright protection. This is true even if you give them attribution. Licensing music lyrics can be awfully expensive, so you’re better off naming the song title for free than paying them all of your royalties. The same rule applies to text or quotes.             Generally, works published before 1...
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