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[…]

Disney Accused of Looting (i.e. Infringing) Pirate Franchise

Copyright infringement typically involves copying someone else’s creative work. However, what happens when you copy something that was itself a copy of something you create? For example, what happens when someone creates a new website for you or your company; if the new website was based on your old website is it still infringing to Read more about Disney Accused of Looting (i.e. Infringing) Pirate Franchise[…]

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[…]

The MET Announces Access to Free Images

The Metropolitan Museum announced access to nearly 400,000 images – for free. The Museum provides these images under an Open Access license for all public-domain works in the Met collection. The Creative Commons Zero (“CC0”) license allows use of the images without restriction. Entrepreneurs, artists, and business owners can now use and share these images Read more about The MET Announces Access to Free Images[…]

FBI Anti-Piracy Seal

The Federal Bureau of Investigation (FBI) has finalized a new policy regarding the use of the FBI Anti-Piracy Warning Seal (APW Seal or FBI Anti-Piracy Seal). The new policy provides a general authorization allowing all copyright holders to use the APW Seal, subject to specific conditions of use. The APW Seal has been generally helpful Read more about FBI Anti-Piracy Seal[…]

Tweets Aren’t Trade Secrets

The explosive expansion of social media outlets such as Twitter, Facebook, and LinkedIn have given rise to numerous intellectual property issues, including the ownership and value of a “Friend,” “Like” or “Tweet.”  A recent case PhoneDog v. Noah Kravitz may address some of these issues.  In PhoneDog, a California Court is being asked to determine Read more about Tweets Aren’t Trade Secrets[…]

SOPA/PIPA and WIKI – the new “SIT IN”

The recent buzz across the internet yesterday was the equivalent of a 21st century “Sit In” as websites and internet users demonstrated against SOPA and PIPA.  SOPA stands for Stop Online Piracy Act, which is related to the recently (October 26, 2011) proposed legislation [H.R. 3261] introduced by the Lamar S. Smith (R-TX) who was Read more about SOPA/PIPA and WIKI – the new “SIT IN”[…]