(919) 803-1571 rob@robmonath.com

Intellectual Property Attorney in Raleigh, NC

About Rob

Rob Monath’s practice focuses on the protection and development of intellectual property. Rob handles legal and business matters involving copyrights, trademarks, trade secrets and related areas for a wide range of clients in music, publishing, arts, entertainment, business, health care, education, government and non-profit organizations.

Rob has developed a particular reputation for his work in music copyright and publishing. He presently acts as music publishing administrator for Tony Award winner Billy Porter, Grammy nominated arranger and music director, Joseph Joubert, ASCAP Concert Music Award recipient Joseph Jennings and 60 Minutes-profiled British composer John Rutter. Rob also represents a number of A-list sheet music publishers, including GIA Publications, ECS Publishing, Hinshaw Music and Fred Bock Music. Other representative music copyright clients include the Major Orchestra Librarians’ Association, Texas Christian University, The Stuart Hine Trust (for the hymn How Great Thou Art) and the Indianapolis Symphony.

Rob has negotiated many high profile licenses and agreements with top entertainment, media and publishing companies, such as Big Machine Records, Universal Music, Warner Music, Sony Music, Simon & Schuster, Pearson, Oxford University Press, Hal Leonard, the Public Theatre, Paramount Pictures, the BBC, PBS and all major U.S. television networks. Specific film and television projects for which Rob has licensed music include The Royal Wedding (William and Kate), Jackie Gleason’s The Wool Cap (TNT Movie of the Week), Nixon (Oliver Stone), Glee, and Dick Clark’s So You Think You Can Dance.

Based in Raleigh, Rob’s firm has developed an impressive roster of North Carolina clients, including the Roanoke Island Historical Association (The Lost Colony), SAS Institute, John Boy and Billy, Inc., Rack Room Shoes, Comporium Communications (Rock Hill), Charlotte Plastic Surgery, Sean Gilbert (former Carolina Panther), Apple Baking Company, Tony Craig (Warner Brothers animation artist and producer), Wingate University and the Town of Duck.

Peer recognition is reflected in Rob’s election to the Board of Managers for the Carolina Patent, Trademark and Copyright Law Association and to the Council for the Intellectual Property Section of the North Carolina Bar Association. Rob has also been invited to present CLE programs on a variety of intellectual property topics, and he is a frequent speaker and lecturer. Rob is a published author, and his By The Book: A Simple Copyright Compliance Method for Musicians and Music Professionals has become a leading and indispensable guide in its field.

Rob is a Phi Beta Kappa graduate of the University of North Carolina at Chapel Hill with degrees in English and Law. He has taught business law at N.C. State University and clerked at the North Carolina Court of Appeals.

Active in the Episcopal Church, Rob served on the vestry and as senior warden of St. Luke’s in Salisbury, as a trustee of the St. Luke’s Foundation and as a delegate to the North Carolina Diocesan Convention. He currently serves on the Parish Life Committee of Christ Church in Raleigh.

Rob enjoys composing music, photography, cooking and outdoor recreation.

Presentations, Articles, and Publications

Selected Copyright Issues, featured guest speaker, Campbell University School of Law.  Fall 2014.  Raleigh, North Carolina.

Sourcing Public Domain Content, presented to the Intellectual Property Section of the North Carolina Bar Association. Spring 2013.  Greensboro, North Carolina.

Advising Clients Regarding Copyright Termination, presented to the Carolina Patent, Trademark and Copyright Law Association. Spring 2012. Hilton Head, South Carolina.

Understanding Penguin Group v. Steinbeck, featured guest speaker, Elon University School of Law.  Winter 2012.  Greensboro, North Carolina.

Digital Rights—A World Perspective, featured panelist and speaker, Major Orchestra Librarians’ Association. Summer, 2011. London, England.

Copy Left vs. Copyright, featured panelist, Wake Forest School of Law, Intellectual Property Annual Symposium. Spring 2010. Winston Salem, North Carolina.

Copyright Issues in the Digital Age: Practical and Legal Issues, presented to the National Association of Schools of Music. Fall 2009. San Diego, California.

Copyright and Fair Use in Academics, presented to the University of North Carolina at Greensboro, School of Music Faculty. Fall 2009. Greensboro, North Carolina.

Intellectual Property Issues for Filmmakers, featured panelist and speaker, Charlotte Film Festival. Fall 2009. Charlotte, North Carolina.

Tap Dancing Your Way Into Grand Rights, featured panelist, Major Orchestra Librarians’ Association. Spring 2009. Washington, DC.

Advanced Topics in Copyright Law, featured guest lecturer, Wake Forest University School of Law. Winter 2009. Winston Salem, North Carolina.

Copyright Joint Authorship and Collaboration Issues Raised by the Procul Harem, Whiter Shade of Pale Rulings, presented to the NCBA/IP Section Roundtable. Winter 2009. Salisbury, North Carolina.

Digital Music Copyright Issues, presented to the American Choral Directors Association, North Carolina Division. Fall 2008. Greensboro, North Carolina.

Our Digital Future, featured panelist and speaker, Major Orchestra Librarians’ Association. Spring 2007. Chicago, Illinois.

Termination of Copyright Grants and Related Transfers Under Sections 203 and 304 of the Copyright Act: An Overview, North Carolina Bar Association Sports and Entertainment Law Newsletter, Fall 2006.

Best Practices for Licensing Music, Video and Related Media Content in a Post-MGM v. Grokster World, presented to the Intellectual Property Section of the North Carolina Bar Association. Spring 2006. Cary, North Carolina.

By the Book: A Simple Copyright Compliance Method for Musicians and Music Professionals, Spring 2006.

What Every Church Musician Should Know about Copyright Law, presented to the Fellowship of American Baptist Musicians, FABM National Conference. Summer 2005. Green Lake, Wisconsin.

Intellectual Property Rights Protection Abroad, featured panelist and speaker, United States Department of Commerce. Winter 2005. Charlotte, North Carolina.

Current Developments in Copyright; Publishing and the Digital Delivery of Proprietary Content, presented to the Carolina Patent, Trademark and Copyright Law Association. Fall 2004. Hilton Head, South Carolina.

Representative Clients by Industry

Music Copyright
and Publishing

Billy Porter

Broadway Inspirational Voices

C. Alan Publications

Collegium Records

ECS Publishing

Fred Bock Music

GIA Publications

Hinshaw Music

Indianapolis Symphony

John Boy and Billy Records

John Rutter

Joseph Joubert

Joseph Jennings

Lauren Jenkins

Major Orchestra Librarians’ Association

Michael McElroy

Proudtree Empowered Learning

Sean Gilbert

Texas Christian University

The Stuart Hine Trust

Webster Fine Art

Wingate University

Business and
Health Care

Apple Baking Company

Charlotte Plastic Surgery

Comporium Communications

Craven Regional Medical Center

Five Points Baking Company

Gorgeous Glo

Horizon Eye Associates

iGrow Golf Programs

Listen Write Present

Logo Works

QuitSmart Stop Smoking Resources

Rack Room Shoes

Retirement Dynamics

SAS Institute

Signature Healthcare

Statarius

TargetCare

Walk-On Products

Yes! Global

Government, Non-Profit and Religious Organizations

Catawba College

City of Salisbury

North Carolina Activity Professionals Association

Providence Country Club

Roanoke Island Historical Association

Take Our Daughters and Sons To Work Foundation

Town of Duck

Transformation Church

Union Baptist Church

Areas of Practice

Types of Work Product

We prepare copyright registrations, federal and state trademark applications and prosecutions, advisory opinion letters, notices of copyright termination, due diligence protocols, intellectual asset management plans, trademark usage policies, and many other types of documents.

Representative Matters

Created model dramatic music performance licensing guidelines for determining when a specific orchestral concert program constitutes a theatrical adaption requiring separate grand rights clearance.

Terminated and re-licensed the copyright to one of the most widely performed hymns in the world.

Developed and implemented an integrated trademark-copyright-ordinance protection regime for restricting unauthorized use of a municipal seal.

Types of Work Product

We draft many types of agreements, including publication, recording, band, joint venture, independent contractor, consulting, commissioned works, rights options, merchandise licensing, music licensing, trademark co-existence, re-licensure of terminated copyrights, works-for-hire, video production, non-disclosure, letters of intent, deal memoranda, life story rights, internet, author collaboration, assignments, endorsement, and name and likeness rights.

Representative Matters

Negotiated and concluded a major 360 record label deal.

Prepared a joint venture agreement between an arts organization and a public television station for a program series.

Drafted a customized SaaS agreement for a national rail services company.

Types of Work Product

We have been actively engaged in dispute resolution including federal copyright and trademark infringement actions, trademark opposition and cancellation proceedings, mediation, cease and desist notifications, and domain name dispute proceedings.

Representative Matters

Mediated full settlement of complex federal copyright infringement action involving popular decorative product line distributed through national home improvement store chain.

Litigated Dawson v. Hinshaw Music, Inc., 905 F. 2d 731 (4th Cir. 1990), including oral argument at the United States Fourth Circuit Court of Appeals and filing of a Petition for Writ of Certiorari with the United States Supreme Court.

Resolved a trademark cancellation proceeding for a national food product mark through entry into a trademark license and co-existence agreement.

Credentials

Education

University of North Carolina at Chapel Hill, Chapel Hill, NC,

J.D., 1985.

University of North Carolina at Chapel Hill, Chapel Hill, NC,

B.A., English, Phi Beta Kappa, 1982.

The Lawrenceville School, Lawrenceville, New Jersey,

Graduated 1978.

Licensure

North Carolina State Bar

All North Carolina State and Federal Courts

United States Court of Appeals for the Fourth Circuit

United States Supreme Court

Contact

Robert A. Monath
Attorney at Law
328 W. Morgan Street
Raleigh, North Carolina 27601

Mailing Address:

Post Office Box 12423
Raleigh, NC 27605
Telephone: (919) 803-1492
Fax: (919) 803-1571
Email: rob@robmonath.com