1. Music Entertainment Lawyers in New York Navigate Client Issues
The CEO of a thriving independent record label based in New York City sought urgent legal counsel from SJKP.
The issue involved the unauthorized distribution of the company's copyrighted materials, a common but serious challenge requiring the expertise of music entertainment lawyers in New York.
This situation jeopardized a major marketing campaign and the artist's career trajectory.
A Client'S Copyright Dilemma
The client, a prominent CEO in the music industry, had invested heavily in developing a new artist. His label had produced a high-budget music video and a series of exclusive promotional photos, all intended for a strategic future release.
However, a recently departed A&R manager unlawfully provided these unreleased assets to a rival marketing agency.
This agency was now using the confidential materials to promote another artist, creating a significant legal and commercial conflict.
Concerned about copyright infringement and the potential for a major legal dispute, the client consulted with our firm's team of dedicated music entertainment lawyers in new york.
2. Music Entertainment Lawyers in New York Clarify Copyright Ownership
The initial step involved a thorough legal analysis to confirm the ownership of the copyrighted works.
This process is fundamental in infringement cases and requires skilled music entertainment lawyers in New York to navigate the complexities of federal and state laws.
Establishing clear ownership is the cornerstone of any successful enforcement action.
Determining If a Work Is Protected
SJKP's counsel began by assessing whether the music video and photographs qualified for protection under the U.S. Copyright Act.
To be protectable, a creative work must demonstrate originality and be fixed in a tangible medium of expression.
The music video and professional photographs clearly met these criteria, possessing both creative authorship and a fixed format.
This initial verification established a solid legal foundation for asserting the label's rights, a critical step for any music entertainment lawyers in new york handling such a matter.
Analyzing "Work Made for Hire" Status
The next crucial step was to determine who legally owned the copyright. Under the U.S. Copyright Act, specifically 17 U.S.C. § 201(b), works created by an employee within the scope of their employment are generally considered a "work made for hire".
In such cases, the employer, not the employee, is considered the author and automatically owns the copyright.
SJKP's music entertainment lawyers in new york reviewed the former A&R manager's employment agreement and job responsibilities.
The analysis confirmed that creating and managing such promotional assets fell directly within the scope of his employment, legally vesting all copyright ownership with the record label.
3. Music Entertainment Lawyers in New York Propose Legal Strategies
After confirming the client's ownership of the copyrights, the focus shifted to developing an effective strategy to stop the infringement and mitigate damages.
Experienced music entertainment lawyers in new york understand that a prompt and decisive response is essential to protecting an artist's brand and a label's investment.
The goal was to resolve the issue swiftly while preserving the option for further legal action.
Developing a Strategic Response
SJKP advised the client that the unauthorized use of the label's materials constituted clear copyright infringement.
The firm proposed an immediate course of action, beginning with the issuance of a formal cease and desist letter to the former employee and the rival marketing agency.
This letter would clearly state the label's exclusive ownership of the copyrights, demand the immediate cessation of all infringing activities, and request an accounting of any profits derived from the unauthorized use.
As explained by our music entertainment lawyers in new york, this step formally documents the infringement claim and often resolves the matter without the need for litigation.
It also preserves the client's right to pursue further legal action, including a lawsuit for damages and injunctive relief, if the infringement continues.
4. Music Entertainment Lawyers in New York Secure Client'S Assets
The legal guidance provided allowed the client to take control of the situation and prevent further harm to their business and artist.
A proactive legal approach, guided by skilled music entertainment lawyers in new york, is often the key to a swift and positive resolution.
This approach safeguards intellectual property and reinforces the company's legal standing for the future.
Achieving a Favorable Outcome
Following the strategic advice, the client authorized the issuance of the cease and desist letters.
The former employee and the rival marketing agency promptly complied, removing the infringing content and ceasing all related promotional activities.
This swift resolution prevented a prolonged legal battle and allowed the record label to regain control over its valuable intellectual property.
SJKP also advised the client on strengthening its internal policies and employee exit procedures to prevent future incidents, an important service offered by top music entertainment lawyers in new york.
Ultimately, the client successfully protected their artist's brand and secured the commercial value of their creative works.
Copyright disputes and intellectual property theft can pose a significant threat to businesses in the creative industries.
Such legal conflicts require a deep understanding of the U.S. Copyright Act and the specific dynamics of the entertainment world.
The music entertainment lawyers in new york at SJKP have the expertise to navigate these complex issues, from asserting ownership rights to stopping infringement.
If your company is facing challenges related to copyright protection or unauthorized use of its creative assets, contact SJKP for a consultation to explore your legal options.
26 Feb, 2026
