Intellectual Property Blog

Yearly Archives from 2021

Presenting Intellectual Property 101 for the Jim Moran Institute For Global Entrepreneurship

No matter what obstacles pop up in life, entrepreneurs find a way to pivot and keep going. The Jim Moran Institute for Global Entrepreneurship recognizes that characteristic in their students. That is why they have continued offering their Small Business Executive Program throughout the pandemic.   On Wednesday, April 21, 2021, I had the opportunity to present Intellectual Property 101 to the Small Business Executive Program Class IX in Jacksonville, Florida. The members of the class […]

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Business Owners Who Ignore Their “Signs” Do So At Their Own Peril

I have worked with hundreds of entrepreneurs, as well as small, medium, and large businesses. So trust me when I say that I understand starting a business and keeping it operating takes a lot of determination, planning, and an open mind. Those who are the most successful not only recognize when they face a problem that could significantly impact their business, but also have the smarts and humility to seek out skilled help in these […]

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What in the World Is GatorCheats and Why Did They Just Agree to Pay $2M?

Even if you do not play video games, you probably know that the video game industry makes a lot of money. It is quite likely that you also have a sense that the content in video games falls under copyright protection. What you might not realize, however, is that cheating at video games is also a huge business… and its legality is highly questionable. Businesses that make money creating various kinds of video game cheats […]

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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 […]

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Winning a Copyright Infringement Case Can Sometimes Have a High Cost

I recently ran across a story that illustrates the importance of choosing your legal battles carefully where copyright is concerned. In Golden v. Michael Grecco Productions, Inc., photographer Michael Grecco’s attorneys contacted blogger Lee Golden about using their client’s photo without permission on his entertainment blog. When they demanded he pay $25,000 for infringing on Grecco’s copyright, Golden sued.  Arguing fair use, he asked that the court find his use of the photo non-infringing. Moreover, […]

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Understanding the Role of Women in Copyright

In celebration of Women’s History Month, I thought it might be interesting to look at the impact that women have had on copyright in the U.S.  Like many institutions in America, the copyright office started with mostly male gatekeepers who tended to favor male creators and leave women out whenever possible. Despite this and many other obstacles, women have been present from the very beginning of American copyright. The role of women in this domain […]

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