Intellectual Property Blog

Tag: copyright infringement

Adding a New Aesthetic or Expression Is Not Necessarily Transformative

In 1981, photographer Lynn Goldsmith did a photoshoot with Prince while on assignment for Newsweek. While those images were never published, Vanity Fair licensed one of them in 1984 for an illustration by Andy Warhol. Mr. Warhol ultimately used the photo to create 16 different works. Goldsmith, however, did not even learn about them until 2016, when Vanity Fair published them — without giving her credit — following Prince’s death.  As a preemptive measure, The […]

Continue Reading

Exceeding Software User-Limit a Much More Dangerous Proposition Than You Might Realize

Written by Guest Author, Marks Gray Associate Logan McEwen On February 25, 2021, the Federal Circuit Court of Appeals issued its opinion in Bitmanagement Software GMBH v. U.S. At issue was software developed for the U.S. Navy which required payment on a per-user basis, and what it meant if the Navy allowed more users of the software than it paid for. Pushing aside the issues of “how to sue the federal government” and “calculating damages […]

Continue Reading

Copyright Owners Seeking Less than $30,000 in Damages Can Now Skip Federal Court

Are you the owner of a copyright that has been violated? Are you seeking damages that are less than $30,000? Good news is here! You may have heard that in December of last year, Congress passed the Copyright Alternative in Small-Claims Enforcement Act of 2019 (CASE Act) as part of their COVID relief bill. The CASE Act allows for the creation of a separate copyright infringement tribunal system for small claims cases.  In other words, […]

Continue Reading

Should You Talk to Your Child about Copyright Law?

There are many important issues that parents know they need to talk to their kids about. Drugs. The importance of a good education. The birds and the bees. One thing that probably flies right past most parents’ radars is Copyright law. Why in the world would you want to talk to your children about copyright law? Because kids — and honestly, all of us, really — are encountering copyright issues on a daily basis whether […]

Continue Reading

A Copyright Infringement Case that Rose from the Dead 

In honor of Halloween, this week I thought I would (if you will forgive the pun) resurrect a case from 2008: that of Dawn of the Dead vs. Dead Rising.  Video game or horror movie aficionados may remember that this one was a pretty big deal when it occurred. But for those who are not in the know, here is a recap. Dawn of the Dead is a 1978 film by George Romero that is […]

Continue Reading

Best Practices for Photos on Your Website

Let’s say you start a business. Naturally, you decide you need a website to market your services or products. Maybe you choose to build the website yourself using a template. Or you hire a third party to create a customized website. In either scenario, you are going to want to use some images to enhance the visual appeal. So you search the internet for photos that you might want to use. Not so fast. You […]

Continue Reading