Intellectual Property Blog

Tag: copyright

Termination Rights: Are Original Marvel Illustrators and Writers Entitled to a Piece of Disney’s Profits?

Currently, Disney faces multiple termination of copyright notices filed on behalf of five comic writers and artists of the original Marvel Comics.  The artists (or their heirs) claim that they played pivotal development roles in creating characters like Spider-Man and Iron Man. Even though Disney owns Marvel, these writers and artists want to take back the copyrights for their characters. Bottom line, this means once the creators own the copyright they could receive a percentage […]

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Do You Make NFTs? What You Need to Know About Copyright Protection

What do LeBron James, Kings of Leon, and a hybrid Pop Tart/cat monster have in common? They all comprise pieces of a trending type of art that lives on the internet: NFTs, or “nonfungible tokens.” These digital art pieces cannot be replicated, because they employ blockchain, the same decentralized programming foundation as cryptocurrency.  In fact, the two commonly coexist — people commonly pay for NFTs in cryptocurrency. If you create NFTs, all of this likely […]

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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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What You Need to Know about the Marrakesh Treaty

Although popular book titles are commonly produced in formats accessible to the visually impaired (for example, in audiobook or braille format), lesser-known titles are frequently only available in written format. Unfortunately, this means that an enormous number of books cannot be accessed by those with a visual impairment. The Marrakesh Treaty was created to address this global human rights concern.  Under the treaty, countries are required to provide an exception to their copyright laws to […]

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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 […]

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Offer Presentations for Your Business? Protect Your Original Materials

Are you providing workshops, seminars, and training sessions as part of your business? Do you use your own original manuals, books, videos and presentation materials? If you are using your own original materials, you should protect them from potential infringers – unscrupulous people who take your materials, copy them and redistribute them in their name. Sadly, there are infringers everywhere making money off the hard work of others. Some of the steps you can take […]

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