Shrum Disney & Associates PC, 54 Music Square E Suite 350, Nashville, TN (2026)

03/08/2024

It’s a good idea for businesses to regularly conduct legal reviews to ensure the business is both protected and compliant with all regulations. To assist the businesses in our network, we've created an easy-to-follow checklist of key actions.

Need a hand with contract reviews or refining your legal strategy? 🤝 Feel free to contact us by phone or email. Our expert team is here to help your business navigate the legal landscape with confidence. Call us today to find out about packages deals for a review of all of these concerns. 615.338.5130, or visit shrumdisney.com

03/07/2024

Spring Break is here, at least for Belmont and a few others and the rest of the middle Tennessee area will soon be off to the beaches. We know many of you are planning to take time away with family and friends! 🌼 While creating family memories is enjoyable, holiday travel can pose unique challenges.

That’s why we are dropping in to share a few tips to keep your crew safe and secure during your trip. So buckle up, swipe through, and prepare to have a fantastic and safe spring break! 🚐

Have any more to add to the list? Drop them in the comments below! 🌷

03/06/2024

It’s time for an intellectual property (IP) pop quiz: What is the annual cost of IP theft to the United States economy?

A. $225 to $600 million
B. $2.25 to $6 billion
C. $22.5 to $$60 billion
D. $225 to $600 billion

You may be shocked to learn that the answer is D, $225 to $600 billion, a figure equal to or greater than the entire gross domestic product (GDP) of New Zealand. The cost at the individual or business level may be a smaller figure, but it can have just as devastating an impact.

With that in mind, we wanted to cover today one proactive way businesses and individuals can protect their intellectual property: patents. Remember, only products with a patent, copyright, or trademark can be protected against infringement.

Swipe for an overview of the three types of patents ➡️ Have follow-up questions or would like our team’s assistance with intellectual property matters? Give us a call anytime.

03/05/2024

Tax season is the perfect time to revisit and refresh your estate plan. With all your important documents already at hand, why not ensure your estate plan reflects your current wishes and circumstances?

An updated estate plan can protect your assets, provide for your loved ones, and give you peace of mind knowing everything is in order. Whether it's revising your will, updating trusts, or exploring new strategies, we're here to guide you every step of the way.

Feel free to reach out to our team by emailing or calling us at 615.338.5130. Or check out our website at shrumdisney.com. We are here to help.

03/04/2024

In mid-2023, Tom Hanks posted a warning on his social media that there was an AI-generated version of him circulating the web in which he was promoting a dental plan. AI is the 100 pound gorilla in the room for the creative community, threatening the livelihood of actors, singers, and voice-over artists alike. The technology threatens Nashville's music industry as well in two ways:

1) Musical compositions and sound recordings that exist on the web are the targets of what are referred to as "language learning modules," and are copied without the permission of songwriters, artists, labels, or musicians. This is not an example of fair use.

2) Deep fake recordings featuring the recording artists are being generated by users based on these illicit copies of their recordings, and lyrics are generated by AI based on the work of the songwriters.

In January, Tennessee became the first state in the nation to pass bi-partisan legislation addressing this brave new world of artificial intelligence. Supported by Gov. Bill Lee and dozens of music industry organizations, the "Ensuring Likeness, Name and Image Security ("ELVIS") Act, among other things, amends the existing rights of publicity statute, 1984's Personal Rights Protection Act, by inserting the word "voice" as part of the protected elements of one's persona, which already identified as protected "name, photograph or likeness." These rights are also descendible to a person's heirs.

On Gov. Lee's website, Harvey Mason, Jr., CEO of the Recording Academy, noted that “[a]s AI technology continues to develop, today marks an important step towards groundbreaking state-level AI legislation. This bipartisan, bicameral bill will protect Tennessee’s creative community against AI deepfakes and voice cloning and will serve as the standard for other states to follow. The Academy appreciates Governor Lee and bipartisan members of the Tennessee legislature for leading the way – we’re eager to collaborate with lawmakers to move this bill forward.”

Groups supporting the legislation included NSAI, the CMA & ACM, ASCAP, BMI, SAG, and SESAC.

For more information about your rights of publicity, call us at 615.338.5130.

03/03/2024

The headlines surrounding the SEC’s approval of spot Bitcoin ETFs have left many Americans with questions, including the basic one: "What's a spot Bitcoin ETF?"

With that confusion in mind, we thought we would take this opportunity to share an overview of this landmark event. Swipe to learn more ➡️

NOTE: By posting this information, Shrum Disney does NOT mean to imply any endorsement of the Bitcoin or the related EFT's. Please pay attention to the FED chairman's advisory about the extremely speculative nature of Bitcoin and invest accordingly and wisely.

Have any business-related legal questions? Reach out to our team of legal experts for the answers ⚖️

03/02/2024

We have big news that we’re thrilled to share! 📣

Our own Dennis Disney and Doug Smith will be featured in the upcoming Spring '24 edition of The Torch, Nashville Law School's quarterly publication.

Dennis graduated NSL and passed the bar last year. Doug is a rising 3L at NSL. Both members of our team are being featuring in The Torch's cover article featuring graduates and students of NSL who work in the music industry.

We at Shrum Disney are happy to see this kind of recognition. It’s a testament to our team’s dedication and passion for what we do – a passion for the arts, and a passion for the law. We are so grateful to have the support of our incredible friends and clients. Thank you.

03/01/2024

Today, we are sharing a friendly reminder to the other busy lawyers in our network: mediation and/or outsourcing can help significantly alleviate the heavy caseloads you’re carrying.

Mediation can be particularly beneficial in resolving more minor cases that still take a considerable amount of your time and attention, but it’s also highly effective with more complex cases. We also offer outsourcing to help overload some of the busy work you find yourself getting bogged down with.

Interested in tapping into Shrum Disney's expertise? Give us a call anytime. It would be our pleasure to help you and your clients.

02/29/2024

Classes at Belmont will cease next week as my students take off to their various destinations for SPRING BREAK!!!!🌴☀️ Woohoo!
Are you planning a wild spring break trip or maybe just a quick getaway? Remember, despite the close analog to being in Las Vegas, what happens on spring break doesn't always stay on spring break! 🍹🎉 Here's a few tips to avoid potential problems:

 Be mindful of how your actions and those of your friends may impact those around you.
 Be respectful of the local community.
 Have fun, of course, but avoid excessive drinking
 Avoid reckless behavior that might lead to personal or property damage

While it may make for a colorful spring break story, spending the night in a jail cell is not a fun way to enjoy your time off. Stay safe, have fun, and make memories that won't come back to haunt you!

🌺🍻

02/28/2024

🗓️ Effective March 11, 2024, the U.S. Department of Labor is introducing a pivotal update to the Fair Labor Standards Act (FLSA) that will redefine worker classifications. Read on to learn more about this change that could significantly impact your business this spring.

🔍 What's New?
A six-factor test will now determine if a worker is an employee or an independent contractor:

1. Opportunity for profit/loss based on managerial skill.
2. Investments by the worker and potential employer.
3. Permanence of the work relationship.
4. Nature and degree of control.
5. Integral nature of the work performed to the employer's business.
6. Skill and initiative of the worker.

The effects of Covid are still impacting the workforce, and with more and more companies allowing workers to work from home, these new rules could significantly impact an employee's relationship to the employer.

The FSLA test aims to assess the economic reality of a worker’s relationship with their employer, highlighting the distinction between independent contractors running their own businesses and employees who are economically dependent on their employers.

🚨 Why It Matters: Misclassifying workers can lead to legal issues, fines, and the retroactive payment of wages and benefits. It’s essential to ensure your worker classifications comply with FLSA guidelines.

🛠️ Need Help? For guidance on navigating these changes and ensuring compliance, don't hesitate to get in touch with our team of experts. Call 615.338.5130 or visit shrumdisney.com today.

02/27/2024

Music City is the epicenter of the cowrite! Every day, in every other office on Music Row, groups of songwriters are crammed in a writer's room with a guitar or keyboard, throwing out ideas like confetti at a ticker tape parade!

Are you thinking about cowriting with someone? 🤝 Just remember, legally speaking, it's like getting into a relationship - so look closely at that Duck Dynasty beard or that Daisy Duke sitting in the writer's room next to you and ask yourself if you're willing to spend the rest of your life with him (or her)!

You may have heard the Music Row community's golden rule about songwriters, "write a word, get a third." It's important to understand where that expression derives: when you coauthor a musical composition with one or more writers, the Copyright Act says that each author involved owns an undivided interest in the copyright - not a third, not a half - an undivided interest (think of how you own your house with your spouse, it's called joint tenancy in the entirety). The "word/third" rule derives from the fact that each coauthor is entitled to a pro-rata share of the revenues generated by the copyright, not from their respective ownership interests. That's true whenever the intent of the coauthor, at the time of her creation, is that her contribution be incorporated into the copyright as a whole, even if the contribution is written at different times and in different locations.

The implication of owning an undivided interest is that each author owns the full slate of benefits that Section 106 of the Copyright Act bestows upon her, including (unless there is a written contract otherwise) the right to issue first-use licenses to whomever. There goes that Taylor Swift cut.

That's why it is important to have an understanding with your fellow writers - if possible a written collaboration agreement - anytime you sit down to co-write. Set boundaries, communicate intentions and desires, and be prepared for some disagreements. But hey, at least you won't have to worry about who gets custody of the cat! 😂

02/26/2024

While mediation is a valuable tool for resolving many disputes, some situations demand the formalities and authoritative decision-making of litigation, especially in cases involving complex legal issues or significant power imbalances.

In scenarios where legal precedents need to be set or enforceable judgments are necessary, the structured environment of the courtroom is irreplaceable. Deciding on the best course of action requires careful consideration of all factors involved.

If you are wondering whether to opt for litigation or mediation, our team of legal professionals is here to help – simply give our office a call.

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