A SURVEY OF PRIVACY, COPYRIGHT, AND TRADEMARK ISSUES -
Today, even Elvis has a Facebook page, Instagram2 and Google+ accounts, a Twitter handle, a Pinterest board, and a mobile app. The Internet and the mobile electronic world have become the primary tools that entertainers, and artists of every kind, use to share and promote their works.
Indeed, technological means of communications have developed at breakneck speed in the past twenty years. The rate at which society has adopted these advancements is stunning. But, as with many uniquely new things, all of us are learning how to use technology responsibly to further creative pursuits and to express ideas and points of view. The law has the difficult task of keeping up with the times, playing a crucial role in helping society discern what is and is not responsible. Most notably, courts and lawmakers have struggled with—but are largely succeeding in— adapting and applying media and intellectual property laws to the new Wild West.
This article addresses just some of the many legal issues associated with managing the use of the burgeoning electronic frontier to create and publish works. We focus primarily on online privacy, copyright, and trademark issues. We also briefly discuss legal questions involved with “crowdfunding,” or the practice of raising money online to support creative projects. The article concludes by offering practical tips to help members of the entertainment community avoid liability in these areas.
Originally published for the State Bar of Texas 24TH ANNUAL ENTERTAINMENT LAW INSTITUTE COURSE - November 6-7, 2014 in Dallas, Texas.
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