Copyright Versus Trademark: What’s the Difference?

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A few weeks ago, Taylor Swift (yes, her again) filed for trademark protection (again) for various catchphrases related to her latest album, 1989, such as “This Sick Beat” and “Swiftmas.” Even though musicians do this all the time for merchandising purposes, for some reason it’s particularly newsworthy when Swift does it. But what grabbed my attention this time wasn’t the inexplicable backlash she got (if Ed Sheeran had done it, would people have been so quick to judge?), but the factually inaccurate headlines that went along with it.

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When A Movie Works Even When It Doesn’t, Or Why I Enjoyed Star Wars: The Force Awakens Despite Its Problems

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Is Star Wars: The Force Awakens any good? I mean, if the box office take is any indicator, a lot of you liked it and saw it repeatedly. But objectively speaking, does it work as a narrative? I don’t think it does. In too many spots storytelling shortcuts are taken, impossibilities are glossed over, storylines are left purposely vague, and it’s filled with contrivances that make no logical sense. Here are a few that stuck out to me.

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Let's Kill Off These Overused Movie Tropes

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There's a presumption that when we talk about tropes we're talking about something negative. But I don't think tropes are inherently good or bad. Film has been around for a hundred years, so it makes sense that filmmakers would want to use recurring images, themes, and motifs as shortcuts to get across important information. These things are time-tested for a reason... they work. Unless they don't. Some tropes are so overused, so irritating, or so stupid that I think they actually cheapen the medium as a whole. Here are three I think no one would miss if filmmakers suddenly stopped using them. Let's tag 'em and bag 'em!

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Jessica Jones vs. The Purple Man: The Right Way To Build A Criminal Case

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Without direct evidence, Jessica Jones would have to rely on indirect or circumstantial evidence to build her case, which proves a fact by inference rather than explicitly. Pretty much everything that isn’t direct evidence (like a video or confession) is circumstantial, like eye-witness testimony, documentation, or forensic evidence. Direct evidence is hard to come by, so the more indirect evidence that links the suspect to the crime, the smaller the window of “reasonable doubt” and the more likely you are to secure that conviction. 

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Self-Serving Post: The [Legal] Artist Made The ABA Journal's Top 100 Blog List For 2015

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Every year the American Bar Association Journal picks its top 100 legal blogs for its Blawg 100 directory. This year, The [Legal] Artist made the cut. It's gratifying to know that there are people outside of my circle of family and friends who read and enjoy this blog.  I don't know what the future holds for The [Legal] Artist, but I know the last three years have been an extraordinary experience that I wouldn't trade for anything. 

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When The Movies Get It Right: Spotlight Explains Why Lawyers Sometimes Have To Represent Bad Men

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Nowhere in the rules does it say that you can breach confidentiality because you have a moral objection to your client’s alleged acts. The best you can do is refuse to accept the case at the outset, or withdraw from representation later on. But even that can be highly difficult to accomplish. Maybe your firm represents the client and you have no choice about what cases you’re assigned. Maybe you’re in the midst of trial, settlement talks, or arbitration and a judge won’t let you withdraw because it would do greater harm to your client. You may not have a choice in the matter.

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I’m Thankful For YouTube Protecting Its Users From DMCA Takedown Notices

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There’s no arguing the internet has changed the way we find, process, and regurgitate visual and written content. It's occurring at an exponential rate, and regular people (and artists) need protection from copyright holders who have the power and ability to dictate policy merely because of their deep pockets.  Well the good news keeps on coming (for once!) because YouTube’s owner, Google, is promising to protect regular users if and when they need legal help.

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How To Ask To Be Paid: Part 3 In The "Is Working For _______ Ever Worth It" Series

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Getting paid for your work is a right. I don't think anyone actually believes otherwise, even the people who try to lure you in with promises of exposure and experience in lieu of money. But the quicker you learn to be up front about your financial needs, the more likely you'll be able to sustain art as your primary business for years and decades to come.

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Is Working For Exposure Ever Worth It?

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If an employer offers something intangible, unquantifiable, or that he may have no control over, he’s not really offering anything. In essence, he’s creating a one-sided contract where you do all the work and receive none of the benefit. That’s called an “illusory promise” and it makes the contract unenforceable. Exposure in particular is illusory because there's no guarantee that you’ll actually get it (i.e. that anyone will actually see your work) or that the employer must do anything to ensure your work is seen by others. Ultimately, the problem with an offer of exposure is that you end up pinning your hopes on a promise the employer may not be able or willing to fulfill. 

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In Brief: Daniel Craig Will Return As James Bond Because He Is Contractually Obligated To [UPDATED!]

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Daniel Craig doesn't want to be James Bond anymore. Some have argued that his comments about slashing his wrists before playing the part again are really about using the press to negotiate a better deal for himself, but I take his words at face value. In fact, I'm not convinced he ever really wanted the role to begin with... that he was more interested in the potential exposure and interesting work opportunities that being James Bond would afford him. Even at its best, his relationship with the character has been cool.

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