For most of our clients, Intellectual Property is the most important component of their businesses. At the Rodman Law Group, we are dedicated to ensuring that our clients maintain control over their Intellectual Property through the proper application of the relevant Intellectual Property protections.
Who We Serve
Our clients range from musicians, actors, and manufacturers whose sole product is their intellectual property (IP), to clients where IP is a secondary (and often overlooked) concern. Our firm is prepared to help protect your IP through the application of trade secret law, non-disclosure agreements, copyright protection, and trademark registration and enforcement. The only type of IP work we do not handle is patent law, but we regularly refer clients to highly qualified patent lawyers.
Trade Secret law is one of the oldest forms of IP protection, and unlike Patents or Copyrights, such protection can last infinitely provided that the secret meets three criteria. The definition of a Trade Secret is: 1) Information; 2) That has had reasonable measures taken to maintain its secrecy; 3) And which confers independent economic value derived from its secrecy upon its holder. The Uniform Trade Secrets Act (UTSA), which 47 of the US States have adopted a version of in some form or another, is the basis for Trade Secret law. It is often used in conjunction with the Economic Espionage Act of 1996, which makes the theft or misappropriation of a Trade Secret a federal crime. Trade Secret protection is not applicable all situations, but when it is, it can be a powerful tool for protecting your IP.
Trade Secret protection would be almost irrelevant if it weren’t for the protections afforded by non-disclosure agreements (NDAs). For many businesses to make a profit, they must be able to share their IP with outsiders while still maintaining confidentiality or Trade Secret protection. NDAs allow companies to accomplish that. A properly worded and executed NDA satisfies the “reasonable measures” requirement discussed above, and allows IP owners to file injunctions to stop anyone attempting to appropriate their IP and to recover damages from such appropriations. NDAs are also the optimal way for individuals and companies to share confidential and proprietary information that, while not rising to the level of a Trade Secret, is still in their best interests to keep secret from the broader market. The Rodman Law Group has extensive experience in drafting NDAs and their use is something that we suggest to all of our clients.
The origins of Copyright law in the United States can be traced all the way back to the Constitution. The relevant language tells us that the purpose of Copyright law is, “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Modern Copyright law is governed by the Copyright Act of 1976 and it protects “original works of authorship,” fixed in a tangible medium, and includes literary, dramatic, musical, artistic, and certain other works. Copyright protection usually lasts for 70 years after the death of the author/creator (there are some exceptions). Copyright protection is available for both published and unpublished works. When considering the use of Copyright protection, it is important to note that Copyright protects the expression of an idea but not the idea itself, and that the Supreme Court has ruled that some degree of creativity or originality is required. Additionally, there are several important limitations and exceptions to Copyright protection that can be discussed further during consultation.
Trademark law can trace its origins back to the middle ages, and much like Trade Secret law, can provide perpetual protection under certain circumstances (usually mark registration and active use of the mark). Simply put, Trademarks identify the brand owner of a product or a service. Companies and Individuals can license the use of their Trademarks to others through licensing agreements. This allows for additional revenue streams and opens new markets, while permitting the Trademark owner to maintain ultimate control over their IP. The Lanham Act provides the structure for Federal Trademark protection, but most states also have their own Trademark statutes. This distinction is an important one for companies in the cannabis industry. The Rodman Law Group has extensive experience in both Federal and Colorado Trademark law. We assist clients in the registration and enforcement of their marks on both the state and federal level, and we facilitate the monetization of their marks with licensing agreements.
Entertainment law is a specific subset of Intellectual Property law and its practice involves an amalgamation of Business, Copyright, and Trademark law. While we provide representation to artists who work in any and all mediums, The Rodman Law Group has a special focus on Entertainment law as it pertains to music. Our firm and all of its employees share a passion for all aspects of the musical world and we have industry connections that we can share with our clients as we help them to become as successful as possible. Whether you are a hustler looking for that first record deal or an established artist looking to license their likeness or logo to monetize their brand, The Rodman Law Group can provide counsel and guidance to suit your needs.
I consider Dave Rodman to be an integral part of my team. Thanks to his guidance, I can focus on making music because I know the legal and the business aspects of my career will always be taken care of.