The Duchess of Sussex a/k/a Meghan Markle has recently been in the news. In a recent interview with Oprah, the royal family member and American actress aired personal concerns and conversations within Britain’s royal family. The interview provided insight for many Americans into the royal family. However, the Duchess also made the news recently for Read more about Surprising History of Copyright Infringement[…]
Copyright music, protects two different types of works. Copyright protects the musical composition (the song) and the sound recording. Depending on your artist agreement, you may have the right to re-record and resale your music.
New Copyright Court Last week, the Senate Judiciary Committee approved the Senate version of the Copyright Small Claims Bill. That bill, known as the Copyright Alternative in Small-Claims Enforcement Act of 2019 now moves out of committee and will go the floor to be voted on by the full Senate. An identical companion bill, H.R. Read more about New Copyright Court[…]
Acknowledging Use of a Photograph Many people believe they can use someone else’s work as long at they acknowledge that the work belongs to someone else. However, using someone else’s photo is not permissible just because they provide credit to the photographer. If someone has permission to use a photo, then they have permission. If Read more about Acknowledging Use[…]
Intellectual Property Law Update Patent Congress released a draft of proposed patent legislation to address the ongoing problem with Subject Matter Rejections, namely, 101 Rejections. The proposed new patent law proposes that patents should be awarded to: Whoever invents or discovers any useful process, machine, manufacture, or composition of matter, or any useful improvement thereof, may Read more about Intellectual Property Updates[…]
In today’s intellectual property law update, the USPTO (United States Patent and Trademark Office) announced that their electronic system will again be down for maintenance for the entire weekend. Strike 3 Holdings, a prolific adult movie producer, who filed almost 2,000 copyright infringement lawsuits last year, has seen more of its copyright lawsuits dismissed for Read more about Intellectual Property Law Update[…]
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?[…]
Copyright Registration Since 1978, registering a work of art for copyright protection is no longer required. While a registration is not required, a copyright registration does provide enhanced rights, including the right to collect monetary damages. Under federal law, a timely registered copyright allows the author of the work to collect damages which are provided Read more about 101 Series – How to Prepare a Copyright Application[…]
Rights under Copyright Law A copyright owner automatically receives a number of different rights when they create a copyright work. Those rights include the right of reproduction, public display, distribution and the right to prepare derivative works. For some types of work, this also includes the right of public performance. However, when an owner sells Read more about Exhaustion of Copyrights based on Sale[…]
U.S. Supreme Court The Supreme Court of the United States ruled that Copyright Registrations are required prior to filing a Copyright Infringement lawsuit in Fourth Estate Public Benefit Corp. v. Wall-street.com, LLC, No. 17-571, 586 U.S. ___ (March 4, 2019). This settles the division between the circuits in which some courts allowed an infringement action Read more about Copyright Registration Required[…]