The President recently signed the Music Modernization Act into law. This legislation streamlines payment to songwriters by creating a single mechanical licensing database for streamed music. The database is managed by music publishers and songwriters and paid for by digital streaming services. CLICK HERE FOR ARTICLE
Category Archives: Copyright
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?”
Google’s Library Project Found to be a Fair Use
Google’s Library Project offers digital versions of books sent to the project by libraries. Google has not secured permission to use these works by the copyright holders; however, only certain portions or “snippets” of each of the works is viewable to the users of the project. Once a search term is entered, the service providesContinue reading “Google’s Library Project Found to be a Fair Use”
“Happy Birthday” Song now in the Public Domain
A California judge hearing a copyright suit against Warner/Chappell music recently ruled that the “Happy Birthday” song is in the public domain. The judge held that Warner could enforce its copyright only in certain arrangements of the song. CLICK HERE FOR FULL ARTICLE
Use Caution when Issuing Take Down Notices: “Copyright Law Does Not Authorize Thoughtless Censorship of Lawful Speech”
A Pennsylvania woman recently faced a copyright infringement suit when she posted a video of her child dancing to Prince’s “Let’s Go Crazy” in 2007. Universal Music Corp. contacted YouTube after learning of the video and had the posting taken down for a period of several weeks. The video was later restored after the motherContinue reading “Use Caution when Issuing Take Down Notices: “Copyright Law Does Not Authorize Thoughtless Censorship of Lawful Speech””
Artist Uses Snow As Canvas
Artist Simon Beck is well known for his artworks in the snow. Using snowshoes, he creates stunning geometric masterpieces often the size of several football fields. He plans to compile a book of images showcasing his works. Click here for full article.
Products Merely Having the “Look and Feel” of a Trademarked Brand Can Still Be a Counterfeit in the Eyes of the Law
Designers have been increasingly proactive in protecting their marks and brands by filing trademark infringement suits against those making “knock-off” products. Louis Vitton recently celebrated the upholding of a $335,000 judgment against Joseph Mosseri for online sales of counterfeit Louis Vuitton products. But what if a competitor copies only the “look and feel” of anContinue reading “Products Merely Having the “Look and Feel” of a Trademarked Brand Can Still Be a Counterfeit in the Eyes of the Law”