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Rules and Regulations of NIL

If you’re a college athlete, you may have heard the term NIL (name, image, and likeness) thrown around a lot lately. It refers to the ability of college athletes to profit from their own name, image, and likeness. However, the rules and regulations surrounding NIL can be a bit confusing. In this article, we’ll break down everything you need to know about NIL.

What is NIL?

NIL stands for name, image, and likeness. It refers to the ability of college athletes to profit from their own name, image, and likeness. This means that if you’re a college athlete, you can make money by selling autographs, promoting products on social media, or appearing in advertisements, among other things.

Who can take advantage of NIL?

As of July 1, 2021, all college athletes can take advantage of NIL. This includes athletes in all sports, regardless of whether they play at a Division I, Division II, or Division III school.

What are the rules surrounding NIL?

There are a few key rules and regulations surrounding NIL that you need to be aware of:

You cannot receive compensation for athletic performance. This means that you cannot be paid to play your sport or to win games.
You cannot enter into NIL agreements that conflict with your school’s existing contracts. For example, if your school has an apparel contract with Nike, you cannot enter into an NIL agreement with Adidas.
You must disclose all NIL agreements to your school. This includes providing your school with a copy of the agreement and any compensation you receive.
You cannot use your school’s logos or trademarks in your NIL activities. This means that you cannot use your school’s name, logo, or mascot in your social media posts or advertisements.
You cannot use your school’s facilities or equipment in your NIL activities. This means that you cannot use your school’s weight room or practice field to film a commercial or photoshoot.

How can you take advantage of NIL?

If you’re a college athlete looking to take advantage of NIL, there are a few steps you should take:

Educate yourself on the rules and regulations surrounding NIL. Make sure you understand what you can and cannot do.
Build your personal brand. This means creating a strong social media presence and cultivating relationships with brands and businesses that align with your values and interests.
Seek out NIL opportunities. Look for brands and businesses that are interested in working with college athletes and reach out to them directly.
Disclose all NIL agreements to your school. Make sure you provide your school with a copy of the agreement and any compensation you receive.

In conclusion, NIL provides a new and exciting opportunity for college athletes to profit from their own name, image, and likeness. However, it’s important to be aware of the rules and regulations surrounding NIL and to make sure you’re following them closely. By educating yourself, building your personal brand, and seeking out NIL opportunities, you can take advantage of this new landscape and potentially earn some extra income as a college athlete.

Disclaimer

THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON ANY MATTER.

The transmission and receipt of information contained on this Web site, in whole or in part, or communication with Zamani Thomas PA via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between us and any recipient. You should not send us any confidential information in response to this web-page. Such responses will not create a lawyer-client relationship, and whatever you disclose to us will not be privileged or confidential unless we have agreed to act as your legal counsel and you have executed a written engagement agreement with Zamani Thomas PA. The material on this website may not reflect the most current legal developments. The content and interpretation of the law addressed herein is subject to revision. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

IP Rights of AI generated works

By Zamani Thomas Blog Roll

If you’ve created a piece of work or art using artificial intelligence (AI), you may be wondering who owns the intellectual property (IP) rights to that creation. This can be a complex issue, but with the right information and understanding, you can determine who holds the rights to your AI-generated work.

Step 1: Understand the Basics of Intellectual PropertyIntellectual property refers to the legal rights that protect creations of the mind, such as inventions, artistic works, and literary pieces. There are several types of IP rights, including patents, trademarks, and copyrights. Each type of IP right provides a different level of protection for your work, so it’s important to understand which applies to your AI-generated creation.

Step 2: Know the Creator of the AI ToolTo determine who owns the IP rights to an AI-generated piece of work, you must first understand who created the AI tool. If you created the AI tool yourself, you would own the IP rights to that tool. However, if you used a pre-existing AI tool, such as a machine learning algorithm or a neural network, the creator of that tool would likely hold the IP rights.

Step 3: Analyze the AI Tool’s Terms of UseIt’s essential to carefully review the terms of use of the AI tool you used to create your work. These terms may include clauses that outline who owns the IP rights to the creations made using the tool. For instance, some AI tools may include provisions that grant the tool creator the IP rights to all works created with the tool. Other AI tools may grant a license to use the tool for a limited time, after which the IP rights to the creations revert to the creator.

Step 4: Consider the Involvement of Human InputIn some cases, an AI-generated work may have required some level of human input or guidance. For example, a human may have provided initial instructions or made adjustments to the output of the AI tool. In such cases, the human’s contribution may be significant enough to qualify them as a co-author or co-creator of the work. In this case, the IP rights to the work would be shared between the human and the creator of the AI tool.

Step 5: Seek Legal AdviceIf you’re still unsure who owns the IP rights to your AI-generated creation, it’s best to seek legal advice from an experienced intellectual property lawyer. They can help you navigate the complexities of IP law and determine the best course of action for protecting your work.

In conclusion, the ownership of IP rights to an AI-generated piece of work can be a complex issue that requires careful analysis of the AI tool’s terms of use, the involvement of human input, and other relevant factors. By understanding the basics of intellectual property and seeking legal advice when necessary, you can protect your rights as a creator and ensure that your AI-generated work receives the appropriate level of legal protection.

Disclaimer

THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON ANY MATTER.

IP differences between NFTs and Traditional Art

By Zamani Thomas Blog Roll

When it comes to the legal issues surrounding intellectual property (IP), there are many similarities between non-fungible tokens (NFTs) and traditional art. However, there are also some key differences that you need to be aware of if you are buying, selling or creating either.

Ownership and Copyright

In both cases, the owner of the artwork owns the copyright, which gives them exclusive rights to reproduce, distribute, and display the work. However, with NFTs, the ownership of the digital artwork is recorded on a blockchain, which can make it easier to prove ownership and track any transactions related to it.

Licensing

Both traditional art and NFTs can be licensed to others for reproduction or display. However, the terms of the license should be clearly stated and agreed upon by both parties to avoid any disputes later on.

Fair Use

Fair use is a legal doctrine that allows for the use of copyrighted material without permission in certain circumstances, such as for criticism, commentary, news reporting, teaching, scholarship, or research. However, the boundaries of fair use can be complex, and it is important to seek legal advice if you are unsure whether your use of a work falls under fair use or not.

Plagiarism

Plagiarism is the act of passing off someone else’s work as your own. This is a serious issue in both traditional art and NFTs, and can lead to legal action being taken against the plagiarizer.

Contracts

Contracts are an important tool in both traditional art and NFTs. They should be used to clearly outline the terms of any transaction or license, including the rights and responsibilities of each party. It is important to have a lawyer review any contracts to ensure that they are legally sound and protect your interests.

In conclusion, while there are many similarities between the intellectual property legal issues of traditional art and NFTs, there are also some key differences that you need to be aware of. By understanding these issues and seeking legal advice when necessary, you can protect your rights and interests when dealing with both traditional art and NFTs.

Disclaimer

THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON ANY MATTER.

Steps to a Successful Trademark Filing

By Zamani Thomas Blog Roll

5 Steps to a successful filing

In this article I am going to try to outline 5 steps that will give you the best chance at a successful trademark filing with the United States Trademark & Patent Office (USPTO).

1. Make Sure you are the first to file your “mark” (or something too similar)

Be sure when you are ready to file your trademark, you are using and filing a “mark” that is not already taken or is not “confusingly similar” to anther mark already registered. The search feature on the USPTO website allows for individuals see all the marks that have been filed and also what “class” they have been filed under.

It is in your best interest to perform an exhaustive search on your proposed “mark” because once filed, you will not be able to receive a refund if rejected by the examiner.

2. Be sure that the Trademark you select is “Protect-able”

The second thing anyone looking to file a Trademark must understand is that not all words or phrases are eligible to be protected. Below is a list of characteristics that may determine the success of a filing and strength of the potential trademark, from weakest to strongest.

Generic words may not be protected.
Descriptive words are only allowed to be protected once they have attained a secondary meaning.
Suggestive words are protect-able if they still identify the good/service. (ex Twitter)
Arbitrary words have a high level of protection (ex. Apple)
Fanciful or made up words are afforded the greatest scope of protection. (ex. Kodak)

The more similar your trademark is to other trademarks on the market, the less identifying strength it is going to have.

3. File your Trademark earlier rather than later

Although your “common law” trademark rights arise automatically, you should still look to file your “mark” with the USPTO ASAP to secure exclusivity nationwide and to create constructive notice to all future applicants looking to file your “mark’ or something “confusingly similar”. By filing it early, you become first in time and are at the front of the line with respect to that “mark”.
If you have not started using the “mark” in public yet, you can file an “Intent to Use” registration application as soon as you develop a bonafide intent to your new name or logo in commerce.

4. Once Registered, the work starts

After you have filed and received a successful registration of your trademark, you must stay vigilant and continue to monitor potential individuals infringing on your intellectual property. Failure to adequately enforce your trademark rights can result in both (i) degradation of the brand, and (ii) potentially loss of exclusive rights altogether. If you decide to expand your business internationally, you will need to file separate trademark protections in foreign jurisdictions.

5. Protecting your Trademark gets more important as you grow

As your company grows you will probably have more items and or services under the initial Trademark umbrella that may need protecting.

Be sure to keep your intellectual property protected at all times. The best way to do this is by filing new trademarks following the steps above, each time you roll our a new product or service. Further, if you create new goods or services and keep them under the existing trademark, you may run into problems with clearance in the new market. If your brand changes over time, new registration applications may be necessary in order to protect modified versions of your trademarks.

Protecting your Intellectual Property will pay dividends in the future and is a critical element in making sure your company or ideas have the best chance of being successful.

Disclaimer

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter.

Various Music Publishing Contracts

By Zamani Thomas Blog Roll

Single Song Agreement – Single song agreements are agreements that deal with specific compositions between the composer/producer and the publisher/label with respect to the rights over the composition. The services provided in these agreements are promotion, licensing, and distribution to name a few.
Exclusive Song Writer Agreement – Exclusive Song Writer Agreements are generally reserved for “in house” or staff writers paid by the publisher. Works are usually seen as “works for hire” and exclusive rights to the compositions/works are granted to the publisher which generally includes the full share of the publisher’s income.
Co-Publishing Agreement – Co-Publishing Agreements are used to create a contractual relationship between the publishing company and the writer to acquire some or all of the copyrights to the composition. The publisher’s rights to exploit the acquired songs and income splits are set forth within this Agreement.
Administration Agreement – The Administration Agreement involves the writer of the composition to license their works to the publisher for a fixed term and negotiate a certain share of the royalties. Generally, the writer in this agreement keeps full ownership of the copyright, however the publisher will take on the responsibilities of exploiting and managing the collection of fees with respect to the works agreed upon.
Collection Agreement – The Collection Agreement involves the publisher only collecting and distributing royalties outlined in the agreement. Unlike the Administration Agreement, this agreement generally doesn’t require the publishing company to do any promotion or exploitation of the works.
Music Purchase Agreement – The Music Purchase Agreement is necessary when a publisher seeks to acquire compositions in whole or part the catalog of another publisher for the future value of the songs.
Sub-Publishing Agreement – Sub-Publishing Agreements are necessary and used when publishers use foreign publishers to assist in promoting compositions in foreign countries. This agreement does not involve a transfer of ownership, only an agreement to promote and collect fees with respect to the specific compositions agreed upon.