Mark B. Saku

Mark B. Saku, Esq. is a Seattle-based attorney whose practice focuses on copyright and trademark law and the protection of intellectual property in the the entertainment and new media industries. Mark received his J.D. from Seattle University School of Law with a focus in Intellectual Property. Mark's work commonly involves content and media licensing, business development, copyright and trademark law. Some of his recent work covered: contract negotiation involving media distribution and music publishing; legal counsel in the use of copyrighted images in live performances; and legal assistance in the development and negotiation of small business development and content licensing.

Seattle University School of Law

J.D. (2006) | intellectual property, copyright, trademark, IP Licensing

2003 - 2006

Honors: Golden Gavel Award Recipient; Seattle University Moot Court Board Northwest Regional Finalist; Frederick Douglass Moot Court Board Competition 1L Minority Clerkship Recipient; Seattle University/University of Washington

Activities: President; Seatlle University Entertainment and Sports Law Association (ESLA) Member; Seattle University Moot Court Board Member; Black Law Student Association (BLSA)

Washington State Bar Association  # 38987

Member

Current

The Copyright Society of the USA, NW Chapter

member; social media director

2013 - Current

Washington Lawyers for the Arts

featured member

2006 - Current

The Recording Academy, NW Chapter

member

2005 - Current

The Copyright Society of the USA

Chair; NW Chapter

2010 - 2012

Washington

Since 2006

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Q. Legal use of celebrities's photo in my film

June 18, 2015

A: Use of a celebrities image (whether drawn or photographed) may give right to publicity rights claims, depending on the jurisdiction of use. Many states, including CA and NY have state law protecting the rights of individuals to control the use of their name and likeness. Some of these laws even extend to the celebrity's heirs. There are "fair use" defenses available for violations of this right, but they are fact-specific and you should speak to legal counsel to assess your situation prior to using the image in a film.

Regarding the book cover, copyright law does not protect titles, but it could extend to the images on the cover. Sometimes the use of images in a film are considered incidental and not substantial enough to give rise to a claim. However, if the book is prominently mentioned or displayed, you could subject yourself to a claim of unauthorized display. Again, seek legal counsel with experience with copyright law to assess and clear your use prior to distributing your work to the public.

DISCLAIMER: Please note that this answer is not a solicitation, does not constitute legal advice and does not create an attorney-client relationship with myself or the Law Office of Mark B. Saku PLLC. This answer should not be relied on since each situation is fact specific, and a lawyer should always be sought out directly when a legal question arises. ... Read More

Q. Is it illegal to watch movies online? Without downloading anything.

June 18, 2015

A: Watching itself does not constitute copyright infringement. Using a reference to a colleague who previous used this example, you are not infringing copyright by watching a band perform cover songs on stage.

However, copyright infringement in the United States is a strict liability offense. Meaning, that a user is liable when they illegally copy works, even if they're not aware that this is wrong, or that the work is protected by copyright.

Watching a film online, via download or streaming, would constitute infringement because your computer is making copies of the copyrighted material. Via streaming, (if this is indeed the method of viewing), you computer is copying the video files (albeit temporarily in "cache") for purposes of near-simultaneous viewing. However, on 5 June 2014, the Court of Justice of the European Union (CJEU) ruled that streaming illegal content online is legal in Europe, and the most recent US case law refers to either file-sharers (who download) or the host sites (for contributory or secondary infringement).

So, this not to say that streaming movies online is legal. It just hasn't yet been decided and most of the effort is directed towards the hosting sites and not individual users. There is still much debate, so to be safe, you should probably stick with mainstream sites like Netflix and Hulu who have license agreements and procedures in place to secure their right to store and distribute the copyrighted content.

DISCLAIMER: Please note that this answer is not a solicitation, does not constitute legal advice and does not create an attorney-client relationship with myself or the Law Office of Mark B. Saku PLLC. This answer should not be relied on since each situation is fact specific, and a lawyer should always be sought out directly when a legal question arises. ... Read More

Q. Copyright for a song

June 16, 2015

A: Works published before the end of 1923 are most likely in the public domain - which means that you do not need permission from the original (or current) copyright owner to sample the song.

If the work was originally published outside the US, or if the song was published after 1923, different rules apply, you may still need permission from the current copyright owner (or the heirs of the original author).

It would be a good idea to have a copyright attorney investigate the specific song just to make sure the fact support a public domain claim.

DISCLAIMER: Please note that this answer is not a solicitation, does not constitute legal advice and does not create an attorney-client relationship with myself or the Law Office of Mark B. Saku PLLC. This answer should not be relied on since each situation is fact specific, and a lawyer should always be sought out directly when a legal question arises. ... Read More