May 2003 Newsletter


N E W S L E T T E R

the law firm of  K A Y E  &  M I L L S
8840 Wilshire Boulevard, Second Floor                                                Phone: 310 358 3121     
Beverly Hills, CA 90211-2606                                                                 Facsimile: 310 358 3175
Summer 2003                                                                                          Visit our website: www.kayemills.com

WELCOME NEW CLIENTS:

     -Mickey Spillane-Kevin Mills has been retained to represent Mickey Spillane's newest novels, including “Something's Down There” (Pub. date December 2003) and “The Last Stand,” in the areas of motion picture and television.  Mr. Mills will be working with proclaimed super-manager Jay Bernstein.

     -Beck Records has retained Jessica Kaye to assist in distribution, manufacturing, corporate finance and to consult on marketing and other business opportunities.  Beck Records is planning the release of its inaugural CD by the group The Syrups this summer.  The Syrups are produced by the legendary Beatles producer, Geoff Emerick.

     -Rafu Shimpo-the leading newspaper to the Japanese community-has retained Kevin Mills to assist in a matter involving the Los Angeles Times.

     -New Music Reporter.com, which uses the internet and special events to promote unsigned musical bands and artists, has retained Jessica Kaye as consultant for marketing and legal.

     -Invisible Women Productions is producing a documentary on ageism in Hollywood and has been offered funding through the SAG Foundation.  Kaye & Mills is the production counsel.

CLIENTS IN THE NEWS:

     -Edwin Marshall-is in negotiations with Paramount in connection with the “Untitled Morgan Freedman Detective Project.”

     -Ron Hamady and Forever Films are in the final stages of post production on the motion picture “Pandemonium.”

     -Good Films Factory and Sergey Livnev are simultaneously completing post production on two films, “Storm Bringer” and “Long Sunset.”

ONE AUDIT THAT IS ACTUALLY GOOD FOR YOU

     When was the last time your company audited its intellectual property rights?  If your company plans to raise capital, secure other forms of financing or merge with (or be acquired by) another company, you will have to complete an audit.  Of course, there are a number of other good reasons to conduct an audit of your company's intellectual properties.

     Intellectual property rights are an ever increasingly valuable asset.  Even outside the entertainment industry, intellectual property rights are frequently one of, if not the most valuable asset of a company.  Often these rights are acquired piecemeal, overtime without proper regard to inventory and rights control.  It doesn't take long for the true value of these rights to become muddled.  And without a clear indication of what rights are owned and controlled, your company may be under valuating its true worth.

     The benefits of conducting an intellectual property audit include: determining exactly what rights you own and control; insuring that your rights are properly secured and recorded; providing a road-map for licensing and other exploitation of the rights; revealing instances of infringement which can then be addressed; revealing gaps or problems with ownership or evidence of ownership and chain of title which could interfere with enforcement actions or your exploitation of the rights.

     The first step to conducting an audit is to define the scope of the audit based on your business needs and the intended use of the audit information.  

     The second step is to review all contracts, filings and other documents and materials relating to the intellectual property.  This step includes running a search of the records of the copyright, patent and trademark offices, as appropriate.

     Third, all liens, security interests and pledges affecting the intellectual property must be analyzed.  Any lawsuits and potential lawsuits must be factored in at this stage.  Again, a search of the public records must be made to uncover any interest in or claims to the intellectual property being asserted by third parties.

     Fourth, a complete evaluation should be made as to the company's policies, procedures and practices for acquiring and maintaining intellectual property assets.  For example, what agreements are used to acquire properties and what tracking systems are in place for monitoring and managing these rights, and are they sufficient? This is an especially important step as it can assist you to properly manage intellectual property rights internally, thereby saving money otherwise spent on attorney's fees.

     Fifth, other general policies that could impact on intellectual properties should be examined.  These policies could include: document retention practices; internal and external e-mail protocols; and the handling of unsolicited submissions, among others.  This step could result in additional, peripheral benefits to the general operational efficiencies of your company

     Obviously, there is more to conducting an audit than can be set forth in the limited context of this article. Each step of the audit must be performed in a thorough and thoughtful manner.  This is an area in which Kaye & Mills has extensive experience.  We welcome the opportunity to discuss with you in more detail the steps and advantages to performing an intellectual property audit for your company.  

OTHER NEWS:

     -The Screamfest Film Festival has named Jessica Kaye to its Board of Directors.  The festival is held in Los Angeles in October and features horror and thriller films.

     -Jessica Kaye has been retained to serve as an expert witness in litigation between a book publisher and an independent editor.  The primary issue in the case concerns the right of the publisher to make changes to the editor's manuscript without the editor's consent.
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