Intellectual Property Blog

What Companies Should Know about International Copyright Law

Copyright protection assigns specific rights to its author as long as the work meets various criteria. The primary purpose of copyright protection is to encourage idea sharing and development. Copyright provides a framework for how relationships should work for everyone involved: copyright holders, content providers, and consumers of the content. With guidelines in place to benefit all parties, people have more incentives to share their creative works. When it comes to sharing work globally, the […]

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Copyright Contracts on Workplace Creations Stick – Even for Taylor Swift

Through every news and social platform, a quick search will yield limitless reports (and plenty of gossip) on Taylor Swift’s recent catalog purchase. The man who bought it for $300 million is the owner of her former label — and she is sickened. If there is anything to be learned from Swift’s copyright woes, her ordeal demonstrates the sticking power of copyright contracts on your creative work. According to copyright law, all transactions were officially […]

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Napolean, the Opera, and How Copyright Encourages Creativity

For decades, the argument has been made that artists find inspiration from works in the public domain. Over the last several decades, though, corporations with big money involved in maintaining the copyright registrations to their intellectual property assets have fought hard to have the period of protection – and their rights – extended, keeping many beloved works from entering the public domain.  With each new extension of copyright registrations, there is an outcry against this […]

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How Long Does Copyright Protection Last?

Copyright  registrations provide powerful legal protection. However, a registration does not last forever.  The duration of a copyright registration depends on a number of factors. If you have questions about a specific work, the best course of action is to consult with an intellectual property attorney.  Unpublished vs. Published The first question an intellectual property attorney will ask is whether the work is published or unpublished.  In an era rampant with personal blogging and self-publishing, […]

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Banana Costume Protectable by Copyright, Preliminary Injunction Upheld on A-Peel

Written by Guest Author, Marks Gray Associate Logan McEwen On August 1, 2019, the U.S. Third Circuit Court of Appeals issued its opinion in Silvertop Associates Inc., dba Rasta Imposta v. Kangaroo Manufacturing Inc., 2019 WL 3484240.  At issue was whether the manufacturer of a banana costume was likely to prove copyright infringement by a competing banana costume manufacturer. The trial court entered a preliminary injunction, finding the plaintiff was likely to prove copyright infringement […]

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Court Rules Inaccuracies in a Copyright Application Invalidates the Registration

When it comes to the law, details matter. You need to ensure the accuracy of all information you provide when registering a trademark or filing for copyright. Otherwise, you could find the legal protection of your mark or creative work invalidated due to a technicality. That is what happened to Gold Value International Textile, Inc.’s copyright registration. Here are the facts of this case. Was “1461 Design” Published or Unpublished at the Time of Application? […]

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