Writings by Albert J. Soler

Albert J. Soler is a Partner in the New York office of Scarinci Hollenbeck in the Entertainment and Intellectual Property practice. Mr. Soler brings extensive experience to a variety of practice areas and provides effective and cutting-edge legal representation to clients in entertainment, music, media, sports, fashion, advertising, intellectual property, and litigation. Mr. Soler is a frequent speaker and legal analyst in the ever-evolving fields of entertainment, celebrity, and intellectual property.

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Entertainment Contracts: Insider Tips

Whether you’re a performer, investor, producer, or other entertainment industry professional, drafting proper entertainment contracts is key to reducing legal exposure, protecting your intellectual property, and avoiding misunderstandings. The entertainment industry employs and involves a variety of contracts including, among others, music recording contracts, distribution agreements, management contracts, and performance agreements. In an industry […]

Author: Albert J. Soler

February 5, 2024

Copyright Office Says Streamers on the Hook for Late Fees

The U.S. Copyright Office recently addressed when fees for late royalty payments should be assessed under the Music Modernization Act’s blanket mechanical license. Under the Office’s Interpretive Rule, effective September 5, 2023, digital music royalty late fees begin accruing for digital music providers 45 days after the end of a monthly reporting period, even if the […]

Author: Albert J. Soler

October 5, 2023

What Issues Arise When AI Uses Copyrighted Works?

Questions surrounding artificial intelligence (AI) and copyright are evolving quickly... Questions surrounding artificial intelligence (AI) and copyright are evolving quickly. One of the key issues and intricacies involves content produced by “generative AI” computer programs (discussed below), whether the content is entitled to copyright protection, and how training and using these programs may infringe existing […]

Author: Albert J. Soler

September 11, 2023

Will College Athlete NIL Legislation Cross the Finish Line?

Several important bills protecting the “name, image and likeness” (NIL) rights of college athletes are currently under consideration and review in Congress... Several important bills protecting the “name, image and likeness” (NIL) rights of college athletes are currently under consideration and review in Congress. While the bills share a common goal and theme, they each […]

Author: Albert J. Soler

September 8, 2023

NCAA

Why You Should Be Vigilant About Your Trademark Rights

It is imperative that intellectual property owners police and protect their trademarks from unauthorized use... It is imperative that intellectual property owners police and protect their trademarks from unauthorized use. Recently, in a precedential decision by the Trademark Trial and Appeal Board (“TTAB” or “Board”), the TTAB held that Advance Magazine Publishers Inc. (“AMP”), which […]

Author: Albert J. Soler

August 3, 2023

Instagram Wins Big in Copyright Dispute Over Embedded Content

Instagram’s recent copyright victory before the Ninth Circuit will significantly impact content creators and others who rely on “embedded” images and photographs… Instagram’s recent copyright victory before the Ninth Circuit will significantly impact content creators and others who rely on “embedded” images and photographs. The Ninth Circuit ultimately held that Instagram could not be liable […]

Author: Albert J. Soler

August 2, 2023

Social Media

How Will The Latest “Fair Use” Decision Shape Copyright Law Governing Artificial Intelligence?

The U.S. Supreme Court’s latest fair use decision involving Andy Warhol’s use of copyrighted images of music icon Prince will have widespread implications far beyond the use of such images… The U.S. Supreme Court’s latest fair use decision involving Andy Warhol’s use of copyrighted images of music icon Prince will have widespread implications far beyond […]

Author: Albert J. Soler

June 30, 2023

U.S. Supreme court

AI Poised to Shake Up the Music Industry, Copyright Law, And More!

Today, the advent of artificial intelligence (“AI”) will have profound changes in entertainment both positive and negative… Social media launched a revolution with respect to how we interact with music and the arts. As technology continues to advance and permeate our lives, the law and business of, not only music, but of entertainment generally will […]

Author: Albert J. Soler

May 2, 2023

Key Employment Law Decision Could Shake Up NCAA – Are Student Athletes Employees?

The question surrounding whether collegiate athletes are employees is a hot topic with important ramifications affecting all aspects of college sports… The question surrounding whether collegiate athletes are employees is a hot topic with important ramifications affecting all aspects of college sports. NCAA rules and state laws now allow student-athletes to receive compensation for the […]

Author: Albert J. Soler

March 1, 2023

How Hermès Trademark Decision Will Impact NFTs

In a crowded sector, the Hermès iconic Birkin bag remains one of the world’s most coveted and recognizable luxury handbags… In a crowded sector, the Hermès iconic Birkin bag remains one of the world’s most coveted and recognizable luxury handbags. The handbag is now also known for being the subject of a novel lawsuit involving […]

Author: Albert J. Soler

February 23, 2023

NFTs

Music Royalties and Who Collects Them

Understanding what royalties are available and who collects them is essential if you want to be fully compensated for your music... Music royalty distribution can be confusing, particularly if you’re new to the music industry. However, understanding what royalties are available and who collects them is essential if you want to be fully compensated for […]

Author: Albert J. Soler

February 15, 2023

Music Industry

The Difference Between A Sound Recording And A Musical Composition

From a legal perspective, music remains among the most complex areas of copyright and entertainment law.… Music fans enjoy amazing music every day. From the emotional makeup of a song to the subtle ability of music to transform our day, music shapes our lives on a daily basis. From a legal perspective, however, music remains among the most complex areas of copyright […]

Author: Albert J. Soler

January 30, 2023

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