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
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
Artist Nelson Shank made headlines this week by stating his interpretation for the shadow depicted in his presidential portrait of Bill Clinton. He claims the famous blue dress of Monica Lewinsky is the basis for the painting’s shadow. In an interview shown on NBC’s Today Show, the artist acknowledged the muse in the form … More The Devil With The Blue Dress…Moral Rights and The Clinton Portrait
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
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
A long simmering feud between Authors and Google resulting from its library scanning project was resolved when the US District Court in New York decided in Google’s favor dismissing the authors’ lawsuit. The scanning involved whole materials, but only made snippets available to the public through Google search. The Court found this mechanism to be … More Google Scans Win Court Approval
Apparently not according to the Court of Appeals 2nd Circuit. In the case of Unclaimed Property Recovery Service et al v. Kaplan, former Plaintiffs in a Class Action lawsuit who had registered the Complaint and supporting documentation with the Copyright Register, sued their former lawyer for copyright infringement upon his use of the pleadings in filing … More Copyrighted Legal Pleadings?
I used my mobile phone to snap a picture (below) of an advertisement display outside the movie theater. A photographer owns the rights pursuant to Section 102 (5) of the Copyright Act for pictorial, graphic and sculptural works. However my picture is of a another work, a display created by the media company hired … More Chatham Great White Mile Swim
This week the US Court of Appeals Second Circuit issued Google a reprieve from class action certification. Google was alleged by the Authors Guild to have committed copyright infringement by copying and displaying “snippets” of millions of books in the Library Project of its Google Books search tool. The parties had reached an earlier settlement … More Google Wins Class Action Reprieve
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
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