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[…]

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[…]

Novelty Requirement of Patentable Inventions

Under the U.S. Patent Act, a patent may be obtained for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” The requirement that the subject of a patent be new is referred to as the novelty requirement; the requirement that the subject of a patent be Read more about Novelty Requirement of Patentable Inventions[…]

Copyrighting Collective Works

The Copyright Act defines a “collective work” as an assemblage into a collective whole of a number of individual contributions, each of which constitutes a separate and independent work, and gives as examples periodicals, anthologies, and encyclopedias. A collective work is also referred to as a “compilation.” Under the Copyright Act, copyright in a collective Read more about Copyrighting Collective Works[…]

Passing Off under Trademark Law

In “passing off,” a seller associates another party’s mark with a good or service. The law of passing off concerns unfair competition more generally in situations where there does not need to be a registered trademark or any other intellectual property right. Where a second business does something so that the public is misled into Read more about Passing Off under Trademark Law[…]

Trademark Priority

In the United States, subject to one exception, trademark rights arise from use in commerce, regardless of whether or not the mark is registered. The first user of a mark generally takes priority over all subsequent users with respect to use of the mark in that market. The first user of a mark in commerce, Read more about Trademark Priority[…]

Patent Applications: Written Description

One of the most important aspects of the patent application is the written description requirement. Under the written description requirement, the applicant must provide a clear description of what is being claimed for patent protection. It is what the inventor hopes to receive in exchange for what the disclosure. The written description requirement may be Read more about Patent Applications: Written Description[…]

Patenting Useful Inventions

Under the Patent Act, a patent may be obtained for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” The requirement that the subject of a patent be new is referred to as the novelty requirement; the requirement that the subject of a patent be useful Read more about Patenting Useful Inventions[…]