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[…]
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?[…]
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[…]
In today’s online world, photographers often promote their work on the internet, using website and social media pages to help generate publicity and interest in their photographs. Some of these websites show amazing photographs which demonstrate the talent of the photographer. However, because these websites are on the internet, potential customers simply copy the images Read more about Flickr Photo Not Fair Use Images[…]
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[…]
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[…]
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[…]
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[…]
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[…]
Stuffed miniature mascots in cheerleading uniforms. Monthly calendars featuring cheerleaders. Clothing designed to mimic cheerleading uniforms. What do all of these have in common? They are sold in university gift shops and, under the Supreme Court’s latest decision on cheerleading uniforms, they are likely infringing works. The US Supreme Court recently ruled that fashionable 2-D and 3-D Read more about Go, Fight, Win: SCOTUS Says Cheerleading Uniforms Are Functional AND Creative[…]