The legal services provided to our clients involve a thorough assessment of their intellectual property holdings. Such an approach is philosophically similar to financial investment principles reflecting the wisdom of a diversified portfolio. This portfolio includes the Right of Publicity, Trademark and Copyright considerations.
The Right of Publicity
An individual's right of publicity is
an enormously valuable asset upon which licensing opportunities can be developed.
Many states and countries recognize these rights, even after an individual has
died, because these rights are regarded as property rights, not personal rights.
Indiana is widely recognized for having the most comprehensive and progressive
right of publicity law in the world, and CMG Worldwide Chairman and C.E.O., Mark
Roesler, is recognized as the principle author of this legislation. Passed in
1994, this
noteworthy statute has received much attention, especially because it protects
a celebrity's image and likeness for 100 years. It has become the model for many
states looking to enact or amend right of publicity legislation, including in
California, Illinois, Washington and Ohio.
Trademark
Another integral component in creating a diversified foundation involves the
development of a comprehensive global trademark strategy. Trademarks are perhaps
most commonly thought of in the context of corporate brand names, such as Coca-Cola,
Mercedes-Benz, or Levi's, though trademark interests can be implicated through
a wide variety of commercial activities, such as logos, personal names, band
names, trade names, business names, and the like. The intricacies of securing
trademark registrations, policing the trademarks on a world-wide basis, as well
as developing and promoting a brand, require broad
familiarity with international intellectual property laws and trends.
 Personalities
can develop their own names or images into a trademark in order to bolster their
respective intellectual property rights, through protection and enforcement,
extensive and selective licensing, and strategic branding efforts. We routinely
establish trademark protection for our clientele by identifying both the countries
in which trademark protection is most advantageous, and the classes that are
most relevant to the client's objectives. Our legal department handles both the
domestic and international trademark process for our clients. This includes application
for and annual renewal of their various trademarks.
Once a trademark has been established, CMG Worldwide must police against applications
for similar marks. Upon discovering such applications, we initiate formal opposition
proceedings to ensure that the infringing trademark is not registered. In order
to contain costs, trademark matters are primarily managed and coordinated through
our legal department.
Our staff's knowledge and experience enables us to assess
the viability and cost-effectiveness of applying for trademarks in various nations
around the world. However, substantial relationships with top international trademark
law firms afford the CMG Worldwide legal team assistance from foreign counsel
when necessary.
Copyright
 Copyright is an integral component to any intellectual
property program or portfolio of assets. Copyright applies to "original works
of authorship fixed in a tangible medium of expression." Simply stated, copyright
applies to works ranging from photographs, literary writings, paintings, sculptures,
music, lyrics, certain design elements and even architectural structures.
Copyright
is a Federal law and is recognized internationally through the Berne Convention,
to which most countries in the global community are signatories. Copyright issues
can be intertwined with trademark and right of publicity issues. For example,
a photograph of a celebrity will implicate both the copyright owned by the person
who took the photo, and the publicity rights of the celebrity, when that photograph
is used in a commercial context. Internet Web sites can also qualify for copyright
protection as can certain logos and designs. An additional level of protection
for our clients is provided through securing copyright registrations.
Copyrights
are readily assignable, so occasionally it is possible to acquire copyrights
to useful images directly from a third-party copyright holder. In such cases,
CMG Worldwide helps determine what images would be most useful, and the value
of the image in the marketplace. When a copyright transfer is completed, or
if a work is
in the public domain, it can be useful to formulate a derivative work from the
original, which itself qualifies for copyright registration. CMG Worldwide has
successfully used this technique in a variety of applications.
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