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Tag: copyright

New Rule for Group Registration in the US Copyright Office

The US Copyright Office issued a final rule this week for Group Registration of Short Online Literary Works. The Final Rule amends the regulations to establish a new type of copyright registration for works distributed online by individual writers that do not qualify as contributions to periodicals. The effective date of the new rule is August 17, 2020. The intent of the rule is to help protect short works that are published on the internet. […]

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You Don’t Need to Be a Professional to Make Money from a Photo Copyright

Nowhere in copyright law does it say you have to hold a degree to create original work. It does not say you need a resume or professional equipment to make money from a copyright of a photo either. What you do need is to capture a valuable image. That means being in the right place at the right time and snapping that photo from just the right angle. The other step? Register the image — […]

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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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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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Broadcasters: How to Protect Yourself from Photo Lawsuits

By Edward L. Birk and Crystal T. Broughan In a recent post, we wrote about the fast-paced world of broadcasting, made even faster by the Internet age, and how this has led to the temptation of pulling imagery from websites without confirming copyright and securing proper permission. The reuse of online content is very easy to accomplish. The consequences can be very painful to the bank account. According to Federal court listings, a comparison of […]

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Social Media Photo Copyright: Apart from Selfies, Who Can Give Permission for Reuse Is Not Always Clear

By Crystal T. Broughan and Edward L. Birk As fast-paced as the internet has made the transmission of news and information, it can be tempting for media outlets and bloggers to grab the first eye-catching image relevant to a story. But any trusted intellectual property or media law attorney would tell you not to do this – otherwise, you could find your organization neck deep in litigation over what seemed to be an “open source” […]

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