Tag: Zamani Thomas

Various Music Publishing Contracts

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  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.

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.

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5 Differences between Canadian and U.S. Trademark Applications

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  1. No Classes – The Canadian application procedure does not use a classification system like the U.S. procedure does. Without the class system, an unlimited number of goods and services may be included in a single Canadian application without additional fees.
  2. The Madrid Protocol – Canada is not a member of the Madrid Protocol, thus a registration in Canada can only be obtained through a Canadian application.
  3. The Canadian Trademark Office is much more lenient with Extensions of Time. The U.S. application process may be terminated in a time extension period is passed.
  4. Canadian trademark registrations are enforceable in every region of Canada even if the mark has been used prior or has become known in that region. In the U.S, the trademark may be limited by regions where the mark has been in use or known.
  5. When filing an application in Canada, it is important to correctly indicate whether or not the trademark has been used in Canada. If there has been use of the trademark in Canada, a date of first use must be claimed. Unlike in the U.S., it is improper to file an application on the basis of proposed use or intent-to-use if the mark has been used in Canada; a third party can successfully oppose an application on this basis.

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.

I Want My Name to Mean Me

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We all have our role models and those we look up to. And at times we gather these individuals as if they are playing cards to be stored, brandished then sometime in the future exhibited again. It’s important for us to have people we cherish and respect for they are the ones guiding us along our path through human-hood. To say role models are not important would be a grave mistake and inexcusable disrespect to all the dignified mothers, fathers, teachers, etc. out there that have lent their lives to support our nurturing.

The above paragraph holding true, we must be cognizant not to ignore the comfort we take at times in being compared to our mentors and even following them to the ends of the earth. Yet it’s our uniqueness, moreover our ability to break free of the boundaries our teachers use to discipline and guide us while staying true to the core principles they have instilled that truly makes us, us.

One repays a teacher badly if one always remains a student ~ Fidrich Nietzche

There wouldn’t be growth if we all aimed to reach the ideals of our predecessors, no matter how great or accomplished their legacies may be. Pushing forward and creating your own brand is the way to guarantee the evolution of not only one’s self but one’s community and in turn the species as a whole. Being the greatest person that ever lived is not the goal we should be fixated on, instead being the greatest you… And yes I know that sounds cliché but why should something be reworded if it already speaks the truth.

Man cannot endure his own littleness unless he can translate it into meaningfulness on the largest possible level ~ Ernest Becker

Once we come to grips with the contradiction and synchronization between our miniscule footprints in the universe yet potentially immense impact on our social and community units we can begin to realize our true value. My take on this is that seeking fame for fame’s sake rather than honestly earning respect within your chosen field or specialty is a dishonest journey to embark on. Dishonest not only to those you attempt to attract towards you and your fifteen minutes, but also to yourself in as much as knowing your worth is tied strictly to other’s perception of you rather than their respect for what you do and how you do it.

So what is the answer to all this existential commentary I‘ve offered above? As discussed in previous writings; I’m not going to give an answer, rather an opinion because isn’t that all we can offer?

So here goes… Be yourself and no one else. Take the greatness from your teacher’s lessons and improve on them. If your role model is Nelson Mandela, Beyonce, Will Smith, or Michelle Obama, seek their words for advice and guidance, but aim to be better than they ever were. In doing so you will realize your growth will supersede their teachings and you will inevitably have your own mentees following and hanging onto your own words. This snippet “Show Them how Great You Are” speaks to this below:

Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our light, not our darkness, that most frightens us. Your playing small does not serve the world. There is nothing enlightened about shrinking so that other people won’t feel insecure around you. We are all meant to shine as children do. It’s not just in some of us; it is in everyone. And as we let our own lights shine, we unconsciously give other people permission to do the same. As we are liberated from our own fear, our presence automatically liberates others. ~ Marianne Williamson

If looked up you would find my first name, Zamaniof Swahili origin is defined as, “A Long Time Ago” and middle name Themba, “Trust, Hope and Faith” yet that wouldn’t let you in on who the person I am is just as telling you who I regarded as a mentor wouldn’t explain all that I am. We are who we are. As beautiful as the names and definitions may be; saying Zamani Themba the person is not a simple translation of “A Long Time Ago there was Trust, Hope and Faith.”

The true translation of mine and all our names is the life we lead and people we impact along the way. I’m a son, brother, friend, teacher and more and all those things bundled up are what my name represents nothing more or less and that should be cherished because it’s something that has taken my lifetime to build. We shouldn’t seek out shallow applause nor undue pity, instead thirst for an honest assessment of who we are.

I am ______________ and I want my name to mean Me…