Tag Archives: Copyright

Posner On Copyright: 10 Cases To Remember

When Judge Richard Allen Posner abruptly retired from the Seventh Circuit Court of Appeals last month, we were so caught off guard that it took a few weeks to get our tribute machine up and running.  Why a tribute to Posner on the Trademark and Copyright Law Blog?  Well, among the many legal areas profoundly influenced by this prolific jurist and author (the list of areas he did not affect would almost certainly be shorter),… More

A Copyright Fable: Debunking The “Seven-Second Rule”

If you are a television news producer or documentary filmmaker, you have almost certainly faced this issue: You are putting together a story about a past event, and you want to make the point that this past event was once the subject of media coverage.  The easiest way to do that is to show some of that media coverage, for example, by including a short clip from the evening news or by panning across a newspaper article headline.… More

Who Owns The Copyright In The Photograph That Launched A Thousand Pleadings?

Over a decade ago, a lawyer snapped a photograph of the Indianapolis skyline, thus opening the gates to perhaps the most prolific flood of copyright litigation in the history of Indiana. Over the last five years or so, this image has been the basis for dozens of copyright infringement lawsuits against scads of defendants. However, on July 18, 2017, Southern District of Indiana Judge Richard Young cast doubt on whether the plaintiff in all those copyright cases actually ever owned the copyright in the first place.… More

Registration v. Application: A Copyright Circuit Split

Registration is not required for valid copyright ownership, but it is required before you can bring a copyright infringement lawsuit. Section 411(a) of the Copyright Act provides that:

No civil action for infringement of the copyright in any United States work shall be instituted until . . . registration of the copyright claim has been made in accordance with this title. In any case,… More

French Court Finds Jeff Koons Appropriated Copyrighted Photograph That “Saved Him Creative Work”

Jeff Koons is a well-known U.S. sculptor. In 2013, one of his “Balloon Dog” sculptures was purchased for $58.4 million dollars, the highest price ever paid at auction for a work by a living artist. Koons is also famous for having faced several copyright infringement lawsuits in the U.S. and other countries.

On March 9, 2017, the Paris District Court determined that Koon’s one meter-tall porcelain sculpture,… More

Supreme Court Establishes Test for Copyrightability of Two-Dimensional Designs Incorporated Into Useful Articles in Star Athletica v. Varsity Brands

On March 22, 2017, the Supreme Court established a test for determining whether a design that is incorporated into a useful article is entitled to copyright protection. In its much-awaited opinion in Star Athletica, L.L.C. v. Varsity Brands, Inc., the Supreme Court affirmed the Sixth Circuit and held that the two-dimensional designs appearing on the surface of cheerleading uniforms were entitled to copyright protection because they were sufficiently separable from the utilitarian aspects of the uniform.… More

Jersey Boys: The Curtain Call For Two Copyright Claims

Last month, the Broadway hit-musical Jersey Boys closed its doors after a spectacular eleven-year run.  As someone who hails from the great state of New Jersey and who saw the show twice, I thought it was only appropriate to give Jersey Boys a formal send off.  And what better way for a copyright lawyer to honor Jersey Boys than to write about two Jersey Boys-related copyright suits?… More

New York Fashion Week: A Lineup of The Most Fashionable Trademark and Copyright Claims

It’s that time of the year again when New York City becomes the most fashionable place on the planet. While I would argue that Manhattan is always fashionable, New York Fashion Week adds a bit of extra excitement, glamour and coolness to the mix.  Fashion Week kicks off this Thursday, February 9 through Thursday, February 16, and as usual, the fashion world is all abuzz over who will be the designer-to-watch. … More

Sue-per Bowl Shuffle III: The Year In NFL-Related Intellectual Property Litigation

Two years ago, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those intellectual property lawsuits that sports fans assume IP lawyers know about. This anxiety led me to put together the Sue-per Bowl Shuffle I and Sue-per Bowl Shuffle II: guides to trademark, copyright, patent and other intellectual property disputes concerning the NFL during 2014 and 2015 respectively.… More

Charles Dickens And Copyright Law: Five Things You Should Know

One hundred and seventy five years ago, on January 22, 1842, Charles Dickens first set foot in America, specifically in Boston, after a twenty day steamship voyage from Liverpool. Dickens, only a few days shy of his thirtieth birthday, was already an acclaimed author, and was greeted with great adulation. However, the trip was soon ruined by, and was to become best-remembered for, Dickens’ ugly spat with the American press over the issue of international copyright.… More

French Justice In A California Court: Copyright, Picasso And The “Astreinte”

boatThe peoples of France and the United States tend to view things very differently — Jerry Lewis, berets and processed cheese food, to name just a few.  Law sometimes transcends this divide – for example, French and American intellectual property lawyers can communicate based on shared fundamental understandings about copyright, trademarks and patents, even as our cultural differences persist. In other instances, however, a shared understanding of legal concepts by lawyers of different jurisdictions is much more difficult. … More

Watch: Social Media for the Generalist In-House Counsel

Joshua Jarvis and David Kluft recently presented a webinar offering guidance on social media issue spotting for in-house legal practitioners and executives, with a focus on intellectual property, publicity rights and advertising.

Social media platforms present countless and varied opportunities for companies looking to connect to consumers and clients in real time. But, like so much else in our connected age, these opportunities come with a host of risks ranging from minor public relations blips to unpleasant regulatory run-ins with government agencies,… More