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EPGD Law Blog

EPGD Law Copyright Law
Entertainment Law
Silvino Diaz

Mitos del Copyright #1 – “La obra Tiene que Estar Registrada para Adquirir Derechos”

Los derechos de autor son derechos patrimoniales otorgados por las leyes de los Estados Unidos, principalmente a través del Copyright Act de 1976, sus subsiguientes enmiendas y tratados, a creadores de trabajos artísticos y literarios (escritos, canciones, pinturas, fotografías, bailes, programas de computadora, compilaciones, entre otros) sobre obras que cumplan con dos requisitos: que sean originales, y que estén fijados en un medio tangible de expresión.

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EPGD Law Entertainment Law
Entertainment Law
Silvino Diaz

Olvídate de Pegar una Canción (Parte 1)

El problema con la industria no es que falte talento, es la sobredosis del mismo. Entonces el reto de cada artista debe ser crear una propuesta única dentro de todo el ruido saturado que son los medios.

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EPGD Law Entertainment Law
Entertainment Law
Silvino Diaz

Olvídate de Pegar una Canción (Parte 2)

Ahora consumimos, creamos y curamos el contenido todo a la vez. Ganar la atención de cualquier público es un ejercicio de suprema deliberación y ejecución incansable. Más que nunca, la popularidad de un artista depende de factores más allá de su música.

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EPGD Law Entertainment Law
Entertainment Law
Silvino Diaz

Key Entertainment Industry Contracts in Miami, Florida

The entertainment industry is a broad categorization of fields including fine art, dance, music, theater, film, radio, opera, publishing, television, and more. Contracts are necessary instruments in these fields to protect the creative works of artists in a way that allows them to profit from them. 

Large entertainment companies, like record labels and motion picture studios, also use contracts to protect themselves against economic risk. Consumer interests can change quickly, leading some entertainment trends and artists to become immensely popular or to fall into obscurity. These changes in consumer interests create an economic risk for artists and the companies that work with them. 

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EPGD Law Entertainment Law
Entertainment Law
Silvino Diaz

Artists, Read Your Contracts BEFORE You Sign Them!

Nobody likes to read long and tedious contracts, especially when it is the only thing separating you from the commencement of an exciting new project. However, there are some things you need to keep an eye out for when negotiating your artistic product and services, to ensure you are being justly protected and compensated. 

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EPGD Law Trusts and Estates
Trusts & Estates
Niuris Bezanilla

What is Tortious Interference with an Expected Inheritance in Florida?

Tortious Interference with an Expected Inheritance occurs when someone succeeds at manipulating the assets of the decedent. In such a case, those beneficiaries of the inheritance who suffer an injury as a result of the tortious interference can bring a suit against the person who has manipulated the assets. Such conduct could include transferring money between different accounts, converting bank accounts to cash or affecting the distribution of the assets in any other way.

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EPGD Law Entertainment Law
Entertainment Law
Silvino Diaz

What is an Entertainment Lawyer?

An entertainment lawyer is a lawyer who represents individuals in the film and television industry, music industry, comedy industry, and print and electronic media industry. Entertainment lawyers can represent artists in contract negotiations, talent acquisition, intellectual property matters and public or distribution rights for creative properties.

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EPGD Law Contract
Contract
Eric Gros-Dubois

What is a California Release in Florida?

Under California law, a “general release” of claims releases the parties from all mutual obligations and all known claims. The language of § 1542 notably states that a general release does not extend to unknown or suspected claims. This means that if one party violated an agreement, but the other party does not find out about the violation until after the agreement has been dissolved, the injured party can still bring a claim and file a lawsuit.

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EPGD Law Franchise Law
Franchise Law
Eric Gros-Dubois

What to Negotiate when Purchasing a Franchise?

It is important to understand that a franchise agreement is typically drafted in favor of the franchisor. That is because the franchisee will be granted the rights to use the franchisor’s name, brand, intellectual property, confidential information, services and products, such as, for example, custom recipes, manuals, services and products, system information, production knowhow, and/or other trade secrets of the franchisor.

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EPGD Law Family Law
Family Law
Eric Gros-Dubois

Can my Ex-Spouse Reimburse me for Attorney fees?

Upon pursuing a divorce, it is common to wonder if your ex-spouse can reimburse you for your attorney fees and other significant costs incurred throughout the process. Luckily, an answer can be found in statutes and case law.

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EPGD Law Contract
Contract
Eric Gros-Dubois

What is a Buy-Sell Agreement?

A buy-sell agreement, buy-out agreement or a business prenup, is typically a contract that specifies how a partner’s share of an enterprise will be reassigned if he or she happens to pass away or dispense themselves from the company. Buy-sell agreements are commonly used for closed corporations and partnerships but may be used for other types of companies as well.

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EPGD Law Unemployment
Employment Law
Eric Gros-Dubois

When can my Unemployment Claim be Denied?

In Florida, to obtain reemployment assistance benefits, an individual must file a claim with the Florida Department of Economic Opportunity.  Once the claim is filed, the claim undergoes an adjudication process where the claim is reviewed for potential issues which may disqualify an individual from receiving reemployment benefits such as: reason for termination, individual’s availability, and individual’s ability to work.

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EPGD Law Franchise Law
Franchise Law
Eric Gros-Dubois

What are the Minimum Performance Requirements in Franchise Agreements?

A minimum performance requirement is typically a provision in a franchise agreement that creates a certain minimum standard of performance that is necessary for a Franchisee to maintain in order not to be in default on the franchise agreement. Every franchise agreement will impose different standards on their franchise locations – some covering more areas of the franchise’s operations and some covering less.

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EPGD Law Business Law
Business Law
Oscar Gomez

Las Pequeñas Empresas Comerciales y de las Minorías en el Condado de Miami Dade (Parte 2)

No mucha gente lo sabe, pero es importante saber que una vez que un negocio o persona desfavoreada haya participado en el programa, ni el negocio ni esa persona volverán a ser elegibles.  El SBA rechazará automáticamente esas aplicaciones. Por lo tanto, una empresa puede participar sólo una vez.  No importa si la propiedad y el control han cambiado por completo; la empresa será rechazada si se aplica de nuevo.

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EPGD Law Business Law
Contract
Eric Gros-Dubois

Why Are Employment Contracts So Important?

An employment contract is an agreement between two parties – an employee and an employer, that involves terms and conditions of employment. Some employment contracts may be oral, whereas others are written and contain many descriptive provisions. Oral employment contracts are enforceable but could be much more difficult to prove in court.

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EPGD Law COVID
COVID-19
Silvino Diaz

How your Company can Minimize Liability During COVID-19

Businesses can have customers sign a Release from Liability Waiver, however, this cannot replace the requirement of maintaining a safe workplace. Businesses need to make sure they are in compliance with government agencies (CDC and OSHA), state, and local guidelines. Demonstrating that the business is following the published guidelines from these authorities is the best evidence an employer can provide to show they are reasonably reacting to COVID-19 risks.

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EPGD Law COVID
Business Law
Eric Gros-Dubois

Substantial Presence Test During COVID-19

During the coronavirus pandemic, many foreign nationals have been left unable to leave the United States and have, therefore, been involuntarily stranded in the country for longer than they anticipated. Does this extended presence in the United States carry with it any tax implications for these foreign nationals? 

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EPGD Law Holographic Will
Estate Planning
Niuris Bezanilla

What is a Holographic Will?

A holographic will is a will that has been written by hand by the person that is establishing the will, legally known as a testator. A holographic will is different from a standard will because it is typically neither notarized nor signed by two witnesses and handwritten.  

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