The U.S. Copyright Office has proposed the creation of a 3 person tribunal to adjudicate smaller value copyright claims. Use of this tribunal would be voluntary and in lieu of federal court proceedings. The tribunal could hear cases having damages less than $30,000. Click here for full article.
Category Archives: Copyright
Can A Copyright Be Validly Transferred by Simply Accepting On-line Terms?
A recent 4th Circuit case considered whether a copyright can be validly transferred by simply clicking “yes” to a website’s terms of use. In this case an online real estate site required users to accept the site’s terms of use (TOU) prior to uploading photos. The TOU noted that all images become the “exclusive property”Continue reading “Can A Copyright Be Validly Transferred by Simply Accepting On-line Terms?”
Meme Use in Advertisement
Memes can be a great way to ad humor to an ad campaign but you should always seek the permission of the copyright owner before using them commercially. Click here for full article
Town in Oregon Files Copyright Suit Over Public Toilet Design
The town of Portland recently filed suit against Romtec Inc. for its public standalone restroom design, “The Sidewalk Restroom.” The suit claims that Romtec is infringing the “Portland Loos” design used throughout the city. Click here for full article
NYC Introduces Bill to Punish Buyers of Counterfeit Goods
The New York City Council has introduced a bill that would punish BUYERS of counterfeit goods. If convicted the purchaser could face a $1000 fine and a year in jail. Click here for full article
Stiff Penalties for Downloading and Distributing Copyrighted Music
The US Court of Appeals for the 1st Circuit recently upheld a $375,000 damage award for illegally downloading and distributing copyrighted music. Other jurisdiction have recently awarded similarly large damages. Click here for full article
Yoga Pose Sequence Not Copyrightable Material
The founder of Bikram Yoga, Bikram Choudhury, recently filed suit against two of his trainees. The trainees formed their own yoga studio and used the identical Bikram Yoga sequence contained in Choudhury’s federally copyrighted book. The court held that the copyright protected only the books containing the compilation of exercises. It did not protect theContinue reading “Yoga Pose Sequence Not Copyrightable Material”
Collage of Copyrighted Images Does Not Violate Copyright Law
The Second Circuit recently held that an artist’s use of copyrighted material in both collages and paintings does not constitute copyright infringement. The artist’s incorporation of these works was considered transformative and therefore fair use of the images. Click here for full article
9th Circuit Holds the Bat Mobile is a Character Protected by Copyright
DC Comics recently sued the manufacturer of Bat Mobile replicas claiming that these copies constituted copyright infringement (DC Comics v. Towle). The Ninth Circuit recently agreed, holding that “especially distinctive” characters are entitled to copyright protection, finding that the Bat Mobile is not just a car; it is a distinctive character. Click here for fullContinue reading “9th Circuit Holds the Bat Mobile is a Character Protected by Copyright”
First Sale Doctrine May Not Apply to Goods Purchased in Foreign Countries
Generally, an individual who has purchased a copyrighted book has the right to re-sell that book under the “first sale doctrine” of the Copyright Act. The Supreme Court may soon refine the boundaries of the first sale doctrine, limiting it to purchases made within the US. Thai student resold textbooks originally purchased in Thailand. AContinue reading “First Sale Doctrine May Not Apply to Goods Purchased in Foreign Countries”