Sports IP Corner: Name, Image and Likeness (October 2021 Update)

by Perry Binder

Effective July 1, 2021, the state of Georgia passed legislation stating that student-athletes “in intercollegiate athletic programs at postsecondary educational institutions may receive compensation for the use of the student athlete's name, image, or likeness [NIL].” These individuals may make money while playing college sports with certain limitations, such as not entering into deals “in conflict with the student athlete's team contract.”

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Guest UserFall 2021
Nabisco Barnum’s “Animal Crackers”

By Julio Mejia

One of my first oil paintings was inspired by the image of Nabisco Barnum’s “Animal Crackers” box. When I was a child my grandma, Lee, would always give me an amazing box of “Animal Crackers” when she would visit. Every time she visited our home, upon receiving the “Animal Crackers” box, my mom said my eyes would light up as I viewed all of the colors and animals on the box. I was fascinated with the image of the wheels of the train on the box, the animals, colors, and the little string handle. The box would keep me busy for long periods of time. Imagine my excitement when I finally was able to see the circus come through the streets of New Orleans and the impact this had on me. Even more memorable was the impact of actually seeing the Barnum Bailey Circus in person.

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Guest UserFall 2021
Protecting Your Written and Musical Works

by Peggy Still Johnson

You have spent years creating your perfect script and/or you have spent months creating the soundtrack for your film. What next? First thing to do is copyright your work... so what is a copyright? A copyright is the proprietary entitlement to reproduce, publish, distribute, or sell any work created to be classified as an intellectual property. In the United States, the Library of Congress manages copyrights. Some examples of works that can be copyrighted are songs, poems, plays, scripts, and audio-visual performances. (Herman Wilkins – StudioBinder.com)

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Guest UserFall 2021
EAS Inaugural IP Roundtable Event

by L. Gregory Henley

Our inaugural event, a Roundtable Discussion, was a resounding success as more than 100 participants took advantage of the occasion. Hosted by Michael Hobbs, panelists included experts in the field of music (David Lowery and Karla Redding-Andrews), arts (Julio Mejia), film and TV (Wayne Overstreet and Len Gibson) and sports (Michael Hobbs).

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Member News: The Otis Redding Foundation

by Karla Redding-Andrews

The second illustrated children's book inspired by lyrics from an Otis Redding song was released this month. "(Sittin' On The) Dock Of The Bay" followed "Respect," which was released last fall. Atlanta, Georgia–based artist Kaitlyn Shea O’Connor’s illustrations imagine a lonesome cat fishing off a dock and hoping the fish will bite, who soon become friends with a young child who warms its heart (and fills its belly).

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Entertainment IP Corner: Copyright Lawsuits Involving Films

by L. Gregory Henley

The use and reuse of content created (e.g., music, video, books, artwork, photos) can be a controversial topic. Some think that reusing someone else’s content is okay, especially if it is in the public domain. In fact, some artists want their work distributed as widely as possible and are comfortable with others re-using it. There are even outlets that allow for work to be re-used with specific types of attribution typically requested.

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Sports IP Corner: Name, Image & Likeness

by Perry Binder

One of the hottest IP issues in sports is the compensation model that college athletes will consider for their “Name, Image, and Likeness” (NIL). Per Sportico:

As early as July 2021, college athletes will be able to license their NIL for use in commercial products—such as sneakers, apparel, sporting equipment, trading cards and potentially video games—as well as for influencing followers on social media and sponsoring summer camps and autograph shows. Those athletes will also be able to hire agents. The path to this new world is still under construction.

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Arts IP Corner: Infringement vs. Fair Use in Visual Art

by Julio Mejia

Many artists, academics, museum curators including myself as a visual artist have abandoned so many of our projects due to fear of being sued of copyright infringement or fair use violations. “Congress enacted the federal Copyright Act to protect works of authorship. The Act gives the owner of a copyright the exclusive right to do and authorize others to do certain things in regard to a copyrighted work, including: Make copies, distribute the work, display or perform the work publicly, and create derivative works.”

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Student IP Corner: 2021 EAS IP Roundtable Review

The GIPA’s Entertainment, Arts & Sports Intellectual Property Roundtable Event was held virtually this year on Thursday, February 11, 2021 at noon. As a student planning to implement my own business ideas, which combine my studies in Entrepreneurship, Music Project Management and Marketing, I was glad to have been in attendance.

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