NCAA to Allow Athletes to Profit from their Name, Likeness & Image

On October 29th, the NCAA announced it will begin a process that will eventually allow athletes to profit from their image, name and likeness.  For years student athletes have used their talents to negotiate college scholarships but many see this as insufficient compensation in light of the enormous revenue that sports bring to these universities.Continue reading “NCAA to Allow Athletes to Profit from their Name, Likeness & Image”

Does Sovereign Immunity Apply to States in Copyright Infringement Cases?

In 1996, Blackbeard’s famed ship Queen Anne’s Revenge was discovered by a private salvage company.  A film crew was subsequently hired to capture the expedition.  The State of North Carolina used both the videos and images captured during the shoot without a license and a copyright suit was filed.  North Carolina is defending itself byContinue reading “Does Sovereign Immunity Apply to States in Copyright Infringement Cases?”

New EU Copyright Law Requires Tech Giants to Pay for Content

New EU Copyright Law Requires Tech Giants to Pay for Content New EU legislation known as Article 11 and Article 13 was recently passed, requiring companies such as Facebook, YouTube and Google to take more responsibility and provide compensation for copyrighted material posted on their respective sites.  The law also limits how copyrighted material mayContinue reading “New EU Copyright Law Requires Tech Giants to Pay for Content”

Louis Vitton Doesn’t See the Humor

A hand bag company called My Other Bag (MOB) has been engaged in a long legal battle with Louis Vitton.  The company claimed that MOB’s canvas tote bags depicting images of Louis Vitton bags was an infringing use of their copyrights and trademarks and was diluting their brands. The District Court for the Southern DistrictContinue reading “Louis Vitton Doesn’t See the Humor”

Use Caution When Threatening an IP Action in the U.K.

“Threatening” a potential infringer for acts performed in the UK will now be governed by a new Intellectual Property Unjustified Threats Act. The act took effect on October 1, 2017 and outlines “permitted communications” between potential adversaries in patent, trademark and designs.  It should be noted that the act will not apply to copyright infringements,Continue reading “Use Caution When Threatening an IP Action in the U.K.”

Are Culinary Creations Protected by Copyright Law?

While copyright law will not protect utilitarian articles, it will protect the creative expression in making those articles.  As a result, expressive culinary works may be protected by copyright law. Additional IP protections may also be available such as design patent, trademark and trade secret law. CLICK HERE FOR FULL ARTICLE

Are Tattoos Works of Art under Copyright Law?

LeBron James’ tattoo artist recently filed suit against the makers of NBA2K16 claiming that their use of the tattoo in the video game constitutes copyright infringement. The Plaintiff asserts that LeBron James is a “medium of expression.”  But whether a live body qualifies as a medium of expression is unsettled.  One would argue that theContinue reading “Are Tattoos Works of Art under Copyright Law?”