Copyright Still Takes A Human Touch

This week I was pleased to present another Intellectual Property Workshop for SCORE.  My presentation usually covers Copyright and Trademarks.  This evening, we discussed the “Monkey Selfie Case.” Briefly, a British wild-life photographer, David Slater, was attempting to photograph a macaque on the Indonesian Isle of Sulawesi.  He claims to have done all the preparatory … More Copyright Still Takes A Human Touch

“Disparaging” Trademark Meets Commercial Speech Protections

Section 2(a) of the Lanham Act prohibiting the federal trademark registration of disparaging marks was recently held to violate the 1st Amendment freedom of speech protections by the Federal Circuit Court in “In Re Tam.”  The mark refused registration is the name of an Asian-American rock band called “The Slants.”  Though the band’s lead singer, … More “Disparaging” Trademark Meets Commercial Speech Protections

Copyright Also Protects An Unauthorized Parody

The Second Circuit Court of Appeals recently held in Keeling v. Har that an unauthorized parody protected by ‘fair use,’ may itself be protected with respect to its original parodic expression and including any added compilations or arrangements to the work.  The case involved Point Break Live “PBL,” a theatrical production based upon the movie, starring Keneau … More Copyright Also Protects An Unauthorized Parody

Kia Soul Hamsters are Funny and Transformative

Last week I addressed fair use as an exception to copyright infringement.  Among the situations that gave rise to fair use were those deemed transformative.  What is a transformative work?  As the copyright statute suggests, it is an important consideration that the work neither diminish the value nor damage the market for the original or its … More Kia Soul Hamsters are Funny and Transformative

What Use Is a Fair Use

Copyright Law sets forth an exception to infringement for fair use.  But what is a fair use is often confusing.  Circumstances often dictate the extent to which this exception is applied.  The statute provides express limitation on the exclusive rights granted…. for the fair use of a copyrighted work, including such use by reproduction in copies … More What Use Is a Fair Use

When “Forever” Is Not Forever

Ambiguity in a contract never favors the drafting party. This basic principle of contract law came back to bite Marvel Comics in a recent Court of Appeals Second Circuit decision, Friedrich v. Marvel, regarding copyright renewal. Gary Friedrich, Plaintiff, allegedly authored or at least co-authored a series of stories and screenplay depicting the fictional Ghost … More When “Forever” Is Not Forever

Essential Points of Web Developer Agreements

Clients of my practice usually either have a website or are planning to get one. From an intellectual property “IP” standpoint, the developer agreement is critical to ensure the right content and code necessary for your business to attract clients and customers. There are many terms to consider including project scope, testing, hosting, ownership, payment … More Essential Points of Web Developer Agreements