Robots as Artists and Inventors Traditional Intellectual Property relies on the notion that humans are the source of innovation and artwork. What happens when a computerized robot becomes an inventor, an author or an artist? What happens when a human uses a computer with artificial intelligence to develop an invention or work of art? Is Read more about Will Artificial Intelligence Impact Inventors and Artists?[…]
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?[…]
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[…]
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[…]
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[…]
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[…]
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 Free Use Images[…]
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[…]
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[…]
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[…]