News & Analysis as of

Copyright Infringement Public Domain

Jaburg Wilk

Artificial Intelligence and Copyright Infringement, Navigating the Evolving Standards

Jaburg Wilk on

In the ever-evolving landscape of intellectual property law, one of the most pressing challenges is posed by the rapid advancement of artificial intelligence (AI). Particularly in the realm of photography and visual content,...more

Levenfeld Pearlstein, LLC

A Picture Is Worth a Thousand Words (and Potentially Thousands of Dollars in Statutory Damages)

In the time it took you to read this far, a new website was built (per Siteefy, a new site goes live every three seconds). More than 70% of all businesses have a website, and there are more than 600 million blogs on the...more

Akerman LLP

Public Domain Full of Mousetraps After Steamboat Willie

Akerman LLP on

The expiration of the 95-year copyright for Disney’s first Mickey Mouse from Steamboat Willie marked a momentous day in IP history. It also shines a spotlight on the public domain, and the inescapable fact that, as time...more

Foster Swift Collins & Smith

Under the Bridge | The Rise of Copyright Trolls in the Intellectual Property Space

Through tactical litigation practices, copyright trolls rely on copyright law to allege infringement and threaten major statutory damages upon unsuspecting defendants. The term “copyright troll” is an unflattering nickname...more

Conn Kavanaugh

It All Started With A Mouse: What Happens When Iconic Characters Enter the Public Domain?

Conn Kavanaugh on

As one of the largest and most iconic entertainment brands in the world, the Walt Disney Company is most readily associated with two things: their main mascot, Mickey Mouse, and the fierce protection of their intellectual...more

Moritt Hock & Hamroff LLP

Mickey Mouse and the Public Domain: Is Use of Mickey Mouse Now Fair Game or Is that Just Fantasyland?

If you know me well, you know that I am an admitted Disney fanatic. So, you can imagine my initial horror when I heard media rumblings that Disney was losing its copyright to my favorite mouse, Mickey. Upon further...more

Vondran Legal

Mickey Mouse headed to the public domain but what can you do with it?

Vondran Legal on

Mickey Mouse is one of the most prolific cartoon characters of all time. Walt Disney incorporated in 1923 and first aired a video of Mickey Mouse (which I shall refer to as Mickey Mouse 1.0) in the short cartoon "Steamboat...more

Vondran Legal

SRIP come calling for copyright infringement?

Vondran Legal on

According to their website they are an IP enforcement law firm that helps artists protect their content. We know them from pursuing many copyright infringement cases dealing with all kinds of photograpy. They list offices...more

Whitcomb Selinsky, PC

Copyright And A Monkey "Selfie"

Whitcomb Selinsky, PC on

DO YOU HAVE A COMPLICATED COPYRIGHT? READ THIS STORY. Imagine this: a man is on the Indonesian island of Sulawesi taking photos of crested black macaques, when one of the monkeys takes the man's camera and snaps a couple...more

Barnea Jaffa Lande & Co.

I Shared Someone Else’s photo on Instagram. Did I Commit Copyright Infringement?

Barnea Jaffa Lande & Co. on

Sharing images on Instagram and other social network platforms is such a common practice that we do it without hardly even thinking about it. But we must be aware that sharing a piece of creative content (picture, text, etc.)...more

McDermott Will & Emery

A Tale of Two Authors: Determining Ownership Rights of Novels Adapted for Theatre

McDermott Will & Emery on

The US Court of Appeals for the First Circuit vacated the district court’s opinion and order that Roberto Ramos Perea, the playwright who adapted the novels of prominent Puerto Rican author Enrique Laguerre for theatre, was...more

Jaburg Wilk

Stopping Online Infringement

Jaburg Wilk on

Substantively, copyright protection is the same in the digital world and on the internet as in traditional form. The only practical difference is the likelihood that the copyright will be infringed. Works available in cyber...more

Kerr Russell

Common Mistakes That Can Attract Copyright Trolls

Kerr Russell on

In order to avoid being a victim of a “copyright troll,” businesses need to be vigilant about the content they post on social media, websites and other promotional materials...more

Jaburg Wilk

When Can I Use Content Without Permission?

Jaburg Wilk on

If you want to use content that you did not create, it is helpful to know whether that content is copyright-protected or whether you can use it without permission. Whether the content is text, drawings, graphics, photographs,...more

International Lawyers Network

Out Of Character: Jersey Boys, Detective Stories, & The Case Of Space-Traveling Tardigrades

At heart, and still, I am a non-singing Jersey Boy, and one who grew up reading Sherlock Holmes stories and watching Star Trek, the Original Series (before it even needed that modifier), in reruns in the 1970s while also...more

Clark Hill PLC

Teaching Online Traps for the Unwary – How to Use Copyrighted Material Safely

Clark Hill PLC on

With most K-12 schools moving to exclusively online educational programming necessitated by shelter-in-place and other limitations imposed due to the COVID-19 pandemic, teachers want to know if, when, and how they can use...more

Carlton Fields

Getting Creative with Video Games: DMCA Takedowns and You

Carlton Fields on

Back to Basics: A Primer on Intellectual Property Rights in Video Games - In this series, we discuss some of the fundamental concepts of intellectual property law as they relate specifically to video game companies and...more

Womble Bond Dickinson

Intellectual Property Considerations and Guidance for Start-Ups: Copyrights

Womble Bond Dickinson on

Copyrights protect original works of authorship. This gives a copyright holder exclusive rights to modify, distribute, perform, display, and copy the work. However, as with other forms of intellectual property, there are...more

Jaburg Wilk

Proper Use of Photographs on Amazon

Jaburg Wilk on

Great photographs of your product are essential to a successful Amazon listing. Following certain basic rules is critical to keeping your listing from being shut down. In addition to satisfying the minimum requirements so...more

McAfee & Taft

Copyright clarity

McAfee & Taft on

Most of us have at least a basic understanding of the laws that impact our daily lives. We understand, for example, that drivers are supposed to carry vehicle insurance and that they shouldn’t run a red light. We might be...more

Verrill

New Year, New Takes on Classics Emerge As Copyright Extension for Thousands of Works Expires

Verrill on

Have you dreamt up the perfect alternate ending to The Prophet or want to freely distribute your version of the cartoon Felix the Cat? Well, you are in luck. Starting January 1, 2019, thousands of literary works, films, and...more

Flaster Greenberg PC

Stairway to Retrial: 9th Circuit Court of Appeals Cites Error in Led Zeppelin Infringement Ruling

Flaster Greenberg PC on

In 2016, a California jury decided that Led Zeppelin’s “Stairway to Heaven” did not infringe on Randy Wolfe’s “Taurus”. However, the 9th Circuit Court of Appeals reviewed that decision and has now called for a do-over,...more

Proskauer - New England IP Blog

Plaintiff Torpedoed with Attorneys’ Fees for “Objectively Unreasonable” Copyright Claim

In a recent decision from the District of Connecticut, Judge Meyer awarded attorneys’ fees against a plaintiff who the court found brought an “objectively unreasonable” copyright infringement claim based on an unpublished...more

Eversheds Sutherland (US) LLP

Not-So-Golden Oldies - Florida’s Top Court Denies Turtles' pre-1972 Copyright Claim

In a unanimous October 26, 2017, decision, the Supreme Court of Florida concluded that Florida common law does not recognize an exclusive right of public performance in pre-1972 sound recordings. Thus, members of the band,...more

Knobbe Martens

Curiouser and Curiouser: Copyrights and Trademark Rights are Not Perfect Reflections

Knobbe Martens on

Much like the world of Underland created in Lewis Carroll’s book Alice Through the Looking Glass, the blurring between copyright and trademark rights can create a topsy-turvy universe....more

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