Photographers and Owners of Copyright Registrations, Beware of State Sovereign Immunity Issues!
Crystal Broughan, Intellectual Property Attorney Jan 23, 2020 in Copyrights
Photographers frequently encounter businesses and individuals who want to use their work without giving credit or paying for the right to use the photos. A pending copyright infringement case pending before the U.S. Supreme Court may make it easier for states to get away with this. Allen v. Cooper Allen v. Cooper, 139 S.Ct. 2664 (petition for certiorari granted June 3 2019) addresses the case of videographer and producer/director Rick Allen, who filmed the salvaging […]
Continue ReadingCopyright 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 […]
Continue ReadingCopyright Contracts on Workplace Creations Stick – Even for Taylor Swift
Crystal Broughan, Intellectual Property Attorney Nov 7, 2019 in Copyrights
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 […]
Continue ReadingNapolean, the Opera, and How Copyright Encourages Creativity
Crystal Broughan, Intellectual Property Attorney Oct 24, 2019 in Copyrights
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 […]
Continue ReadingHow Long Does Copyright Protection Last?
Crystal Broughan, Intellectual Property Attorney Sep 5, 2019 in Copyrights
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, […]
Continue ReadingBanana Costume Protectable by Copyright, Preliminary Injunction Upheld on A-Peel
Crystal Broughan, Intellectual Property Attorney Aug 21, 2019 in Copyrights
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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