Amy J. Everhart

USA: Tennessee

Everhart Law Firm PLC
202 Fifth Avenue South
Franklin, TN 37064
United States

Tel: (615) 800-8919

Email: info@everhartlawfirm.com
Web: www.everhartlawfirm.com

Amy J. Everhart founded her law firm to counsel individuals and organizations in the creative industries, entrepreneurs, inventors, business owners, and others with legal needs in the areas of trademark, copyright, entertainment, and the internet.

Ms. Everhart has devoted her law practice to the representation of creative and entrepreneurial clients, guiding them from the initial protection of their “lightbulb moment” to implementation and then policing and defending it. Ms. Everhart has extensive experience handling intellectual property and entertainment disputes in federal and state court. She played a significant role in coordinating the joint defense of hundreds of rap-sampling copyright-infringement lawsuits brought simultaneously against major record companies and music publishers in the landmark Bridgeport Music, Inc. litigation in the United States District Court for the Middle District of Tennessee. A co-author of the Tennessee Protection of Minor Performers Act, Ms. Everhart has unique knowledge of legal issues affecting minors in the entertainment industries.

From 1998 to 2009, Ms. Everhart practiced with Nashville law firm Riley Warnock & Jacobson, PLC, where she focused her practice on commercial litigation, entertainment, copyright, trademark, internet, and other intellectual-property matters. She was named a member of the firm in 2008.

Whether you use the Internet to conduct business, to market your business, to express your opinion, or as an entertainment outlet, you are undoubtedly using the Internet today in some form or fashion, and you are likely to encounter legal issues along the way. The legal limits of Internet use, still a relatively new frontier of communication, are being defined and tested constantly. Understanding your rights and obligations on the Internet is paramount. Everhart Law Firm offers the following legal services to guide and protect you in your use of new technology:

  • Technology Contracts and Licenses: Negotiation and drafting of legal documents in technology-related matters, including license agreements, domain-name purchase agreements, website terms of use, privacy policies, and intellectual property policies, hosting agreements, and website development agreements
  • Domain-Name Selection, Registration and Transfer: Advice regarding selection of domain names; registration and transfer of domain names
  • Domain-Name Disputes and Cybersquatting: Advice regarding domain-name disputes and cybersquatting issues, including claims and defenses under the Anticybersquatting Consumer Protection Act and ICANN’s Uniform Domain Name Dispute Resolution Policy
  • Internet Use and Liability: Advice regarding potential liability from use of the Internet, including copyright, trademark, defamation, and privacy issues raised by activities such as blogging, message boards, social-networking, posting of third-party content, downloading of third-party content, and website hosting
A trademark is a word, symbol, or phrase used to identify the source of products and to distinguish the products of a particular manufacturer or seller from the products of another. Before selecting a trademark, you should determine if the mark is available for your use. This is important for two reasons: 1) to determine whether your mark is capable of registration; and 2) to avoid opposition to your registration by the owner of a similar mark. Everhart Law Firm offers the following legal services to assist in selecting and protecting trademarks:

  • Trademark Search and Selection: Advice on selection of a trademark, including evaluation of whether the mark is protectable as a trademark and evaluation of a trademark availability search
  • Trademark Registration: Preparation and filing of trademark applications for registration in the U.S. Patent and Trademark Office, in state trademark offices, and outside the United States
  • Other Pre-Registration Trademark Filings: Preparation and filing of pre-registration documents, including Statements of Use and responses to U.S. Patent and Trademark Office Actions issued in response to applications for trademark registration
  • Post-Registration Trademark Filings: Recordation of trademark assignments; preparation and filing of documents necessary to maintain registration, including Declarations of Continued Use of a mark, Declarations of Incontestability showing a mark has been in continuous use for the requisite period of time and has gained “incontestability” status, and Applications for Renewal
  • Protection and Defense of Trademark: Drafting of cease-and-desist letters to trademark infringers; responding to cease-and-desist letters alleging trademark infringement; prosecution and defense of trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board
  • Trademark Contracts and Licensing: Negotiation and preparation of trademark-related contracts, assignments, and licenses
  • Use of Trademarks: Advice regarding the ongoing use of trademarks and use of others’ trademarks in literary, musical, and other works

A copyright is the right to own your creative work. It includes the rights to reproduce, distribute, perform, and display the work and to prepare derivative works from your original work. Examples of works protected by copyright are songs, plays, poems, paintings, and films. Everhart Law Firm offers the following legal services to assist in protecting creative works:

  • Copyright Registration and Recordation of Assignment: Registration of copyrights and recordation of copyright assignments in the U.S. Copyright Office
  • Use and Protection of Copyrighted Works: Advice on how to protect copyrighted works, including whether the work is copyrightable, when copyright protection attaches, the duration of copyright, transfer and license of copyrights, and termination of copyrights
  • Copyright Infringement: Advice on copyright-infringement issues; drafting of cease-and-desist letters to infringers; responding to cease-and-desist letters alleging copyright infringement, filing or defending copyright lawsuits
  • Copyright Contracts and Licenses: Negotiation and preparation of copyright-related contracts, assignments, work-for-hire agreements, and licenses
  • Fair Use: Advice on whether your use of others’ copyrighted works in your work is fair or requires a license

Whether you are a songwriter, a film producer, a record company, a dancer, a booking agent, or a book publisher, you are a member of the entertainment industry, and you have legal needs unique to your profession: negotiation of contracts, protection of intellectual property, questions regarding compensation. Everhart Law Firm offers the following legal services to counsel you in your role in the entertainment industry:

  • Entertainment Contracts and Licensing: Negotiation, preparation, and review of contracts and licenses in all areas of entertainment, including music, visual arts, literary publishing, theater, dance, film, television, video, and digital media
  • Royalty and Compensation Issues: Advice regarding royalties and compensation under entertainment-related contracts
  • Minor Performers: Representation of minor performers and those that contract with them in matters unique to minors in the entertainment industry, including petitions for approval of minor entertainment contracts under the Tennessee Protection of Minor Performers Act and similar procedures in other states
  • Right of Publicity: Advice regarding issues related to each individual’s right to control and profit from the commercial use of his or her name and image
Serving Nashville, Brentwood, Franklin, Middle Tennessee, and beyond; Everhart Law Firm can guide you in protecting the execution of your bright idea, whether the result is a business or product name, a creative work, an Internet presence, or a career in the entertainment industry.’