Business Law and Intellectual Property

Connie provides business law advice to creatives, entrepreneurs and businesses nationwide, especially relating to the intellectual property aspects of all businesses.  She is exceptionally positioned to understand the challenges facing creatives, and business owners in this economic environment.  Mableson Law represented the Arizona Small Business Association (ASBA), an Arizona trade organization with over 15,000 members and 11,000 businesses in Arizona.  Ms. Mableson holds a Bachelor of Science in Business Administration (Finance) and her focus is always on the bottom line.

As an exceptional drafter, negotiator, and dealmaker,  Connie J. Mableson takes pride in helping her clients enter into beneficial, risk adverse agreements.  Contracts are our stock in trade. She is qualified to handle complex business transactions, always working to close deals as swiftly as possible, while protecting and advancing her clients’ interests.

Some of the types of contracts she assists client with include:

• Non-Disclosure & Confidentiality Agreements
• Independent Contractor Contracts
• Trade Secret Agreements
• Works Made for Hire
• Intellectual Property Holding Companies & License Agreements
• Intellectual Property Asset Structuring
• Marketing Agreements

Intellectual Property Holding Company

Intellectual Property assets (copyrights, trademarks, patents, methods and methodologies, programs and courses), are often held in a separate Intellectual Property Holding Company. This is done for several reasons. First, the holding company through a License Agreement, licenses out its IP assets to affiliated companies.  If any of the affiliated companies go out of business, the license is automatically terminated, the valuable IP is not affected and remains in the holding company. The holding company also licenses its IP assets to third parties, pursuant to a License Agreement.

Connie routinely forms IP Holding Companies (either an LLC or an Inc.) for its clients who want to protect the IP assets.

Connie routinely prepares License Agreements between affiliated companies which allows the affiliated company to use the IP Assets held in the IP Holding Company.

This asset protection method for a company’s valuable IP assets, is a simple and straightforward process. Connie charges below-market and surprisingly reasonable rates to structure this type of protection for your IP assets.  

Experienced, Innovative, and Practical Legal Advice

at Affordable Rates and Fees

Connie J. Mableson has provided advice, consultation services, and comprehensive representation in all aspects of IP Holding Companies for many decades. If you have an intellectual property or technology concern or opportunity, please contact our office for a consultation. We always keep an eye on the bottom line.

Intellectual Property

Nationwide Clients and Representation

Although based in Phoenix, Arizona, Mableson Law represents creative artists, entrepreneurs, techies, and businesses in intellectual property (IP) and related corporate matters throughout the United States and worldwide.

Copyright Advice, Filing, Protection, and Copyright Infringement Litigation & Defense

Did you know that if you file your copyright application before 90 days after you publish your artwork, book, computer program, etc., that you gain additional protections and increased damages if you must sue an infringer of your works?

These and other professional tips can make a big difference in the protection of your artistic works.

Connie assists clients with copyright registration, licensing, and enforcement. We are experienced with the filing and review procedures of the United States Copyright Office. We also prosecute copyright infringement matters, including issues of fair use and unfair competition. In all cases, we advise as to both the protection and ownership of intellectual property and as to the risks and benefits relevant to various options to enforce ownership, from filing suit to mediation. We consult on all areas concerning securing protection and ownership of ideas, concepts, and creative works in all areas such as computer and internet, all art disciplines (literary, visual art, performing arts), media, technology, trade secrets, employment contracts, and independent contractor agreements. Our services include:

• Copyright Advice
• Copyright Registration
• Licensing, transfer and assignments
• Copyright ownership disputes
• Work-made-for-hire agreements
• Collaboration and joint ownership Agreements
• Internet and digital distribution Agreements
• International Copyright
• Copyrights & Estate Planning

What is a Copyright?

Copyright law protects original, creative expression. Copyright law protects “original works of authorship” that are fixed in a tangible form of expression. The fixation may be communicated with the aid of a machine or device, such as a computer. Copyrightable works include the following categories: literary works, musical works, including any accompanying words, dramatic works, including any accompanying music, pantomimes and choreographic works, pictorial, graphic, and sculptural works, motion pictures and other audiovisual works, sound recordings, architectural works, and computer programs.

Trademark, Patent, or Copyright?

A copyright protects works of authorship, such as writings, music, and works of art that have been tangibly expressed.

A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. The term “trademark” is often used to refer to both trademarks and service marks.

A patent is a limited duration property right relating to an invention, granted by the United States Patent and Trademark Office in exchange for public disclosure of the invention.

Trademark

What is a trademark or service mark?

In short, a trademark is a brand name. A trademark includes any word, name, symbol, device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.

Must all marks be registered? No, but federal registration has several advantages, including a notice to the public of the registrant’s claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.

Connie charges a below-market and reasonable fee to assist you with branding and filing your Trademark Application with the USPTO.

What We Can Do to Help You Avoid Potential Pitfalls

Filing a trademark application at the USPTO starts a legal proceeding. Most applicants hire a private attorney who specializes in trademark matters to represent them in the application process and provide legal advice.

Connie can help you before, during, and after the trademark application process, including policing and enforcing any trademark registration that may issue. While you are not required to have an attorney, an attorney may save you from future costly legal problems by assisting with name selection and name searching before you file your application. Name searches are important because other trademark owners may have protected legal rights in trademarks similar to yours that are not federally registered. Therefore, those trademarks will not appear in the USPTO’s Trademark Electronic Search System (TESS) database but could still ultimately prevent your use of your mark. In addition, we can help you during the application process with several things that could seriously impact your trademark rights, such as determining the best way to describe your goods and services and preparing responses to refusals to register that an examining attorney may issue. Finally, we can also assist in the policing and enforcement of your trademark rights. The USPTO only registers trademarks. You as the trademark owner are responsible for any enforcement.

Mableson Law knows how to protect your brand identity and can advise you in all aspects of choosing a mark that is not confusing similar to your competitor’s mark, filing an application, and post-registration issues. We also handle:

• Trademarks & Servicemarks
• Tradenames
• Trademark searches and availability
• Trademark Registration and Maintenance
• Trademark ownership disputes
• Licensing, transfer and assignments
• Trademark License Agreements
• Trademark Infringement Lawsuits

Trademark, Patent, or Copyright?

A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. The term “trademark” is often used to refer to both trademarks and service marks.

A copyright protects original works of authorship, such as writings, music, and works of art that have been tangibly expressed.

A patent is a limited duration property right relating to an invention, granted by the United States Patent and Trademark Office in exchange for public disclosure of the invention. Patents are prepared by registered Patent Attorneys.

Entertainment and Book Publishing Law

We understand the dynamics of the arts and entertainment industry, helping artists and entrepreneurs to protect and maximize their rights and interests. Our clients include musicians and bands, record labels and music publishers, record producers, film companies, event promoters, recording studios, radio and TV personalities, comedians, film animators, managers, book authors & publishers, literary agents, visual artists, and galleries.

Industries: We routinely handle transactions and contracts in the following industries:

• Book Publishing, Indie authors, & self-publishing, Publishing Agreements, Ghostwriter Agreements
• Pre-publication Legal Review of Non-fiction Manuscripts (vetting) in over 14 areas of the law. (Go to www.literaryattorney.com for more information)
• Music Publishing Agreements & Disputes, Record Contracts, Producer Deals, etc.
• TV & Film – All Contracts and Above the Line Talent and Writers

Comprehensive Negotiation and Drafting

Contracts are our stock in trade. As an exceptional drafter, negotiator, and dealmaker, Connie J. Mableson takes pride in helping her clients enter into beneficial, risk adverse agreements. We are qualified to handle even the most complex transactions, always working to close deals as swiftly as possible, while protecting and advancing our clients’ interests. A few of the matters we work on for our clients include:

Music

• Recording Agreements
• 360 Agreements
• Music Publishing Agreement
• Manager Agreement
• Agent Agreement
• Co-Publishing Agreement
• Songwriter’s Agreement
• Collaboration Agreement
• BMI & ASCAP Agreements
• Studio Agreements
• Studio Spec Agreements
• Copyright Performer Releases
• Loan Out Agreement
• Sampling License
• Music Video Agreements
• Music Industry Agreements
• Tour Agreements

Film & Television

• Literary Option Agreements
• Actor Agreements
• Director Agreements
• Producer agreements
• Financing Arrangements
• Writer Agreement
• Distribution Agreement
• Crew Deal Memo
• Location Release
• Music Synchronization Agreement
• Composer’s Agreement
• Life Story Rights Agreement
• TV Syndication Agreement
• TV Program License Agreement
• Selling and securing story and publicity rights
• Distribution agreements
• Literary Property Option agreements
• Rights clearance and acquisition

Book Publishing & Independent Authors

• Book Publishing Agreement
• Contract with Book Distributor
• Author Publisher Agreement
• Author Collaboration Agreement
• Ghost Writer Agreement
• Interview Releases
• Permissions and Clearances
• Electronic Publishing
• eBooks
• Audio Book Rights
• Content Licenses
• Independent Authors &  Self-Publishing

Pre-Publication Legal Review of Non-Fiction Manuscripts (vetting)

Connie is one of only a few lawyers in the United States who provide a thorough vetting of non-fiction manuscripts for risks in 14 areas of the law. Reasonable Flat Fee.

Go to www.literaryattorney.com for more information.

Rights of Publicity

• Publicity and celebrity rights protection
• Publicity and celebrity rights licensing

Art Law

• Artists-Dealer transactions
• Moral rights of artists
• Merchandising Visual Art