On March 23, the U.S. Supreme Court held that a state cannot be sued for copyright infringement. The basis for the Court’s ruling dates back to 1718 and involves the pirate, Edward Teach (aka Blackbeard). In 1718, Blackbeard’s ship sank off the coast of North Carolina. The wreckage was discovered 300 years later, in 1996. Read more about Because of Blackbeard, States free to Loot[…]
Copyright music, protects two different types of works. Copyright protects the musical composition (the song) and the sound recording. Depending on your artist agreement, you may have the right to re-record and resale your music.
New Copyright Court Last week, the Senate Judiciary Committee approved the Senate version of the Copyright Small Claims Bill. That bill, known as the Copyright Alternative in Small-Claims Enforcement Act of 2019 now moves out of committee and will go the floor to be voted on by the full Senate. An identical companion bill, H.R. Read more about New Copyright Court[…]
Acknowledging Use of a Photograph Many people believe they can use someone else’s work as long at they acknowledge that the work belongs to someone else. However, using someone else’s photo is not permissible just because they provide credit to the photographer. If someone has permission to use a photo, then they have permission. If Read more about Acknowledging Use[…]
When is use of a Photograph Fair-Use? Copyright Infringement Generally, use of someone else’s photograph is infringement, it is not Fair-Use. Copyright Infringement occurs when someone uses a photograph without the permission of the photographer. The use can include use on the internet, on a webpage, social media, media, advertisement or marketing use. Copyright Infringement Read more about Photograph Fair-Use[…]
Intellectual Property Law Update Patent Congress released a draft of proposed patent legislation to address the ongoing problem with Subject Matter Rejections, namely, 101 Rejections. The proposed new patent law proposes that patents should be awarded to: Whoever invents or discovers any useful process, machine, manufacture, or composition of matter, or any useful improvement thereof, may Read more about Intellectual Property Updates[…]
Robots as Artists and Inventors Traditional Intellectual Property relies on the notion that humans are the source of innovation and artwork. What happens when a computerized robot becomes an inventor, an author or an artist? What happens when a human uses a computer with artificial intelligence to develop an invention or work of art? Is Read more about Will Artificial Intelligence Impact Inventors and Artists?[…]
On May 13th, the U.S. Supreme Court, agreed that consumers could participate in Apple Class Action lawsuits based on claims that Apple monopolized the after-market in its sales of iPhone Apps. Apple apparently charges App developers a 30% fee for selling apps through the Appstore. This increased fee caused a higher fee for sellers who Read more about Green Light on Apple Class Action Suits[…]
In today’s intellectual property law update, the USPTO (United States Patent and Trademark Office) announced that their electronic system will again be down for maintenance for the entire weekend. Strike 3 Holdings, a prolific adult movie producer, who filed almost 2,000 copyright infringement lawsuits last year, has seen more of its copyright lawsuits dismissed for Read more about Intellectual Property Law Update[…]
One of my favorite quotes goes something like this, “always be yourself, unless you can be Batman, then be Batman.” Well, when it comes to copyrighting weeds, I would rather be Batman. Copyright Lawsuit In a recent Copyright Case, an artist sued the Batman actor, Val Kilmer, for stealing his golden weeds. Specifically, tumbleweeds. The Read more about Who wins, Batman or Copyright?[…]