Music Law
Demystifying the music biz and providing a treasure map to success.
The Mermaid Lawyer®️ counsels and represents Songwriters, Singers, Musicians, Bands, Producers, Beat Makers, Record Labels, Distribution Companies, Music Publishers, Licensing Companies, Managers, Promoters, Choreographers, Dancers, Booking Agents, and anyone who uses music in their content.
Music law is complex. It is critically important to hire a music attorney who really knows music contracts, music copyright laws, and how the music industry works. A very small percentage of attorneys are knowledgeable enough to competently advise and represent clients on music matters.
Attorney Charlotte Towne is an experienced, knowledgeable music lawyer. She received a Bachelor of Music in Music Business and Entertainment Industries degree from the University of Miami and worked in the music industry in Los Angeles prior to opening her law practices.
Charlotte Towne Law provides legal and support services in the following areas of music law:
Infringement Litigation
Collaboration Agreements
Music Publishing
Music Video Model Release
Master Use Licenses
Live Performance Contracts
Music Business Formation
ASCAP + BMI Registration
Music Distribution
Royalty Demand Letters
Brand Partnership Agreements
Producer Agreement
Product Placement Agreement
Production Company Contract
Booking Agent Contract
Music Management Agreement
Album/Website Artwork Contract
Work-For-Hire Agreement
We love helping clients protect their valuable treasure and capture revenue streams that flow from its exploitation.
“First, think. Second, believe. Third, dream. And finally, dare.”
- WALT DISNEY
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We assist businesses and professionals in any industry achieve their maximum potential while guiding them and protecting them along the way. We are deeply committed to establishing a long-term, professional relationship with you looking not just to what your needs are right now, but helping you plan, build and protect your future.
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Your Questions Answered
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Can I register for a copyright or trademark by myself?Maybe, if you qualify. However, the process is tedious and complex. You may not be able to complete the process on your own. A simple mistake can take several years to recover from. Hiring an experienced intellectual property attorney to register on your behalf will help you avoid costly mistakes.
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What is a TTAB opposition?Opposition proceedings before the Trademark Trial and Appeal Board (TTAB) are similar to a civil action in federal district court. There are pleadings, motions, disclosures, discovery, trial briefs, and sometimes oral hearings. TTAB rules and procedures in trademark oppositions are complex legal matters that require experienced attorneys to navigate the complex rules and present the proper case in order to acquire or preserve trademark rights. There are extension filing fees, notice of opposition filing fees, attorneys fees, and other costs necessary to institute and litigate an opposition.
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How long does does the registration process take?It's hard to predict exactly how long it will take an application to mature into a registration because so many factors can affect the process. The total time for an application to be processed may be anywhere from almost a year to several years, depending on the basis for filing, and the legal issues which may arise in the examination of the application.
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Someone is copying my work! What should I do?You may challenge alleged copyright infringers in several ways, depending on the factual situation. Call The Mermaid Lawyer®️ immediately-- time is of the essence. Your claim could be barred by the statute of limitations if you wait too long.
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Is a trademark search necessary?It is advisable to conduct a search of the USPTO TESS records before filing an application. The Mermaid Lawyer®️ can perform a search in order to identify similar prior filed marks that may create obstacles for you and possibly bar registration of your mark.
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How long does a trademark registration last?The registration is valid as long as you timely file all post registration maintenance documents. You must file a "Declaration of Use under Section 8" between the fifth and sixth year following registration. In addition, you must file a combined "Declaration of Use and Application for Renewal under Sections 8 and 9" between the ninth and tenth year after registration, and every 10 years thereafter. If these documents are not timely filed, your registration will be cancelled and cannot be revived or reinstated. There are UPSTO filing fees required to file the renewals.
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Is registration of my mark guaranteed?No. The examining attorney will review the application and may issue refusals based on the Trademark Act of 1946, 15 U.S.C. §1051 et seq., or the Trademark Rules of Practice, 37 C.F.R. Part 2. The most common reasons for refusing registration are because the mark is: Likely to cause confusion with a mark in a registration or prior application; Descriptive for the goods/services; A geographic term; A surname; Ornamental as applied to the goods. Registration of your could also be opposed by another trademark owner in a Trademark Trial and Appeal Board (TTAB) opposition proceeding which could prevent your mark from being registered if you don’t successfully defend yourself.
