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Kelley Way has been creating blog posts across many topics of Estate Planning, Copyright and Trademark law. If you have a topic or question you’d like covered, reach out to Kelley Way here.
Five Things to Consider When Creating Your Own Will or Trust
My process is pretty straightforward when people come to me to create a will and/or trust. I present them with an intake sheet, which asks all the questions I need answered to create their will and trust (yes, it's a lot of pages). I try to get all the decision-making...
Part 2: Fair Use Revisited
Last month I told you about the Andy Warhol Foundation for the Visual Arts v. Lynn Goldsmith, the Supreme Court case that is said to be a game changer for fair use. I'll end the suspense this month and tell you what happened at the Supreme Court in my exciting...
Fair Use Revisited
What the Andy Warhol Foundation for the Visual Arts v. Lynn Goldsmith Case Means for Fair Use Going Forward – Part 1 It’s been a while since I last wrote on fair use. Since that time, the Supreme Court decided a major case dealing with fair use, Andy Warhol Foundation...
Why You Shouldn’t DIY Your Estate Plan
All right, I’ll admit it – writing an article about why you shouldn't DIY your estate plan might seem a bit self-serving. But, I have had people ask me what the benefits are of using a lawyer versus one of those online services (or just signing a piece of paper...
Estate Planning for Authors
In my previous article, I talked about estate planning for musicians and the steps they could take to ensure their copyrights stayed profitable. In this article, I'll be talking about estate planning for authors. The first thing authors should consider when creating a...
AI and Copyright Law
Many people have asked me about AI and copyright law in the past few months. It is a hot topic right now with the introduction of ChatGPT, and there are several possible uses for AI within the entertainment industry. At the same time, AI technology raises a number of...
Estate Planning for Musicians: Dealing with ASCAP, BMI, and SESAC
Anyone who is making money from their copyright should consider how to incorporate their copyright into their estate plan. Including your copyright will maximize the chances of the copyright staying profitable once the author is no longer in control. That said, some...
What is Public Record in Probate?
In my practice, I frequently answer questions about probate. In this article, we'll be discussing what is public record in probate. First, let's talk about what probate is, and for those who don’t know, probate is the process where the Probate Court oversees the...
What Happens to My Copyrights When I Die?
I work with a lot of authors. Since I offer both copyright and estate planning services, I am often asked what happens to an author’s copyrights when they die, especially if they don’t have a will or trust. And if you own a copyright, you may also wonder what happens...