Who wins, Batman or Copyright?

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?[…]

101 Series – How to Prepare a Copyright Application

Copyright Registration Since 1978, registering a work of art for copyright protection is no longer required.  While a registration is not required, a copyright registration does provide enhanced rights, including the right to collect monetary damages.  Under federal law, a timely registered copyright allows the author of the work to collect damages which are provided Read more about 101 Series – How to Prepare a Copyright Application[…]

Copyright Cartoon Images

CARTOON CHARACTERS Cartoon characters are everywhere these days. In movies, video games, television, software, toys, blankets, food, beverages and clothing just to mention a few. Many of these are based on a fictional character which was originally created as part of a graphic work like a comic book. From a value perspective, these characters are Read more about Copyright Cartoon Images[…]

101 Series – How to Copyright a Website

A common question we get from new businesses is how to copyright a website.  The U.S. Copyright Office does not expressly recognize websites as being copyrightable.  However, you can register the text, images, sounds, movies, computer code or even databases associated with a website or web page. A website is generally considered to be an Read more about 101 Series – How to Copyright a Website[…]

Copyright Application vs. Copyright Registration

Today, the U.S. Supreme Court announced that it will take on the issue of whether a copyright registration or a copyright application is required before bringing a copyright infringement suit. Currently, depending on the location of your copyright lawsuit, some courts require a copyright registration.  Other Courts simply require that you have filed a copyright application Read more about Copyright Application vs. Copyright Registration[…]

Pay BEFORE You Play: Why Music Licensing Matters

Does your business need a license to play music? Do you really need a music license just to play cover songs? Music licensing is not something to gamble with. Spotify recently settled a class action lawsuit for more than $43 million after failing to pay publishers and songwriters when they streamed their music. While Spotify’s Read more about Pay BEFORE You Play: Why Music Licensing Matters[…]

SCOTUS: Whoever’s on First Denied Cert

The U.S. Supreme Court will not review the copyright infringement lawsuit based on a Broadway play’s use of Abbott and Costello’s “Who’s on First.” “Hand to God” writer Robert Askins scripted a character to use portions of the famous duo’s comic act – for little more than a minute of the entire play. Askins’ victory Read more about SCOTUS: Whoever’s on First Denied Cert[…]

Music Copyright Law: “Musical Works” and Sound Recordings

Copyright Law: Distinguishing Between Musical Works and Sound Recordings In general terms, copyright protection extends to “original works of authorship fixed in any tangible medium of expression.” Pursuant to Section 102 of the federal Copyright Act (“the Act”), works of authorship include, among other categories: Musical works, including any accompanying words; and Sound recordings. As Read more about Music Copyright Law: “Musical Works” and Sound Recordings[…]

Using copyright litigation to stop copyright infringement being stolen

One photographer, Carol Highsmith, is suing Getty Images for more than $1 billion for allegedly selling her copyrighted work to the public without permission and with incorrect attribution.  In her lawsuit, Highsmith, states that she first learned Getty was selling her copyrighted photographs when one of Getty’s affiliates sent her a cease and desist letter Read more about Using copyright litigation to stop copyright infringement being stolen[…]