Impact of Mickey Mouse on public domain. The latest artificial intelligence and intellectual property cases - Thaler lost again. Nirvana Nevermind baby gets day in court. Tolkien estate and more.
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I saw this question online and decided to answer it here on my blog. It raises some very interesting and timely questions about the scope and reach of copyright law in our modern age. Many people want to know, is police...more
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
January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. That is because, as of the new year, one of the most famous cartoon characters in history –...more
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
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
Copyrights protect creative works. Trademarks protect indicators of source. Can a creative work also act as a trademark? Yes, and the character of Mickey Mouse as portrayed in Disney’s animated classic Steamboat Willie is a...more
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
In the United States, an original work of authorship fixed in a tangible medium of expression (meaning the work can be communicated in a visual or audio form) is a protectable copyright. This means that the owner has the...more
Happy New Year, and welcome back to the Spotlight! If your New Year’s resolution is to get up to speed on the latest in the sports and entertainment business, while also getting the occasional chuckle, you have come to the...more
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
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
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
The Trademark Trial and Appeal Board (TTAB) has reiterated that there is no “strict or bright-line rule against registration of characters.” The case is In re Joseph A. Stallard, 2023 USPQ2d 1009 (TTAB 2023)....more
Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means...more
There will be no special rules for your industry. What gets decided in the next six months to a year about artificial intelligence (AI) legislation, and regulatory action on copyrights and AI, will apply with equal force to...more
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
Every year on January 1, new works enter the public domain. In 2023, all literary works, musical compositions, and movies first published or released in 1927 entered the public domain in the United States. Earlier works...more
Public Domain Day is one of the lesser known winter holidays celebrated by the elite few – artists of all sorts and copyright attorneys. We either mourn the passing of works into the public domain after decades of keeping...more
Just Because it’s Published Doesn’t Mean it’s in the Public Domain - Some people think that if something is on the Internet, it’s in the public domain and is fair game to be copied. Not true! Giving the public access to an...more
1. Zusammenfassung - Nach langer Debatte traten am 07.06.2021 die Änderungen am Urheberrechtsgesetz (UrhG) und am Verwertungsgesellschaftengesetz (VGG) in Kraft. Am 01.08.2021 wird außerdem das sog....more
Many of us grew up reading comic books, watching cartoons Saturday mornings and/or after school, and we are currently in Phase Two of the most ambitious and successful cinematic project of all time: The Marvel Cinematic...more
2021 was a big year for Non-Fungible Tokens (NFTs) resulting in significant commercial value. The creators behind Cryptopunks, an NFT project with over $2 billion worth of trading volume, signed a representation deal with a...more
[co-author: Avanthi Cole] Main Quest - How To Tell ROM From Right - As we review some of the more prominent legal issues that impacted the video game industry this past year and consider what 2022 may have in store,...more
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
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