Iron Man 3 Copyright Infringement claims dismissed

As recently illustrated in the Iron Man 3 Poster Lawsuit, direct evidence of copying is hard to prove in copyright infringement cases. Proof of infringement is often shown by proving: That there is a substantial similarity between the copy and the original; and that the copier had access to the original work.

Copyright

New Copyright Court

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

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[…]

Copyright

Photograph Fair-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[…]

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 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[…]