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[…]

Intellectual Property Law Update

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[…]

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 Registration Required

U.S. Supreme Court The Supreme Court of the United States ruled that Copyright Registrations are required prior to filing a Copyright Infringement lawsuit in Fourth Estate Public Benefit Corp. v. Wall-street.com, LLC, No. 17-571, 586 U.S. ___ (March 4, 2019). This settles the division between the circuits in which some courts allowed an infringement action Read more about Copyright Registration Required[…]

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[…]