New Business Model in the Music Industry: Fan-vestors

By: Ian McClure

Every once in a while I will read about a business venture that is so business-savvy, yet so simple, I pinch myself for not thinking of it, while applauding the ones who did at the same time. A recent post on IP Finance introduced a new business model that is currently being tested in the music industry. In short, bands and artists are asking their loyal fans (and those that just hear them and think they are good enough to make it) ... Read More

Categories: Burgeoning Business, Copyright Caucus, Investment Intelligence

Hardcore Gamer: Sell Your Brand on eBay

By: Ian McClure

A recent New York Times article discusses the print magazine business and the rising number of casualties the recession has claimed.  This month has seen 14 magazines go under, including Country Home, Arthur, Vital Source, Map Magazine, and Teen.  Going down with the balance sheets, obviously, is each of those respective brands.  Effectively, each demise takes with it that brand's intellectual property, including copyrights, trademarks, customer lists, subscription lists, vendor lists, and more. Many smaller print-media magazines probably don't have much overhead.  A ... Read More

Categories: Burgeoning Business, Copyright Caucus, Trademark Trends

Copyright Fair Use Empirical Study by Barton Beebe

By: Ian McClure

Barton Beebe, a copyrights and trademarks expert and professor at Cardozo School of Law, recently published an article titled "An Empirical Study of U.S. Copyright Fair Use Opinions, 1978-2005".[1] The Study is a thorough statistical examination of every federal court opinion that significantly involved fair use since 1978. The study was so insightful that it is important to summarize and share some of the key empirical data to the copyright law professional community. In short, much of the data went "against the ... Read More

Categories: Copyright Caucus

Nashville’s Copyright Exchange: Packaging Catalogs

By: Ian McClure

Copyright and music publishers in Nashville have for years adopted and exercised a business model that was created decades ago. That model includes hiring songwriters, or buying the composition right to songs (as opposed to the sound recording right), and marketing those rights to record labels and artists for inclusion in an upcoming album (and the payment of performance and mechanical rights). Transactions in this business have been controlled and channeled by those companies that have been doing it for a long ... Read More

Categories: Burgeoning Business, Copyright Caucus

Termination of Transfer: A Run On Copyrights?

By: Ian McClure

I recently authored an article ("Termination Rights: A Second Bite at the Apple") that was published in the January 2009 issue of The Federal Lawyer regarding section 304(c) of U.S.C. Title 17. That section, which affords certain termination rights to authors of copyrighted works which were secured and granted prior to 1978, has garnered little attention until recently, mostly because of the small timeframe through which the rights can be exercised. I wrote the article because of a string of recent cases (and ... Read More

Categories: Copyright Caucus

Welcome to IP Prospective

By: Ian McClure

IP Prospective will be a source of information and a medium for intellectual exchange at the intersect of intellectual property, law, investment, money, and corporate action. It is my hope that this online magazine will serve as a center of information and ideas for those with a keen interest in the future relationship of intellectual property and business. Indeed, while some may measure the success of this weblog by the quantity of readers it accrues, it is the quality of readers that will make the success uniquely ... Read More

Categories: Burgeoning Business, Copyright Caucus, Investment Intelligence, Monetizing IP, Patent Prospects, Portfolio Potential, Trademark Trends