Tag Archives: Copyright

Watch: Copyright Basics for the Generalist In-House Counsel

What does the generalist in-house counsel need to know about copyright? While patents and trademarks often receive the lion’s share of an organization’s intellectual property focus, copyrights comprise a critical third prong to a healthy overarching IP strategy – even for companies whose products and services involve little or no content creation.

David KluftJoshua Jarvis, Jenevieve MaerkerMarion Cavalier and Nicole Kinsley presented a webinar offering guidance for in-house counsel regarding copyright law,… More

Don’t Mess With Grumpy Cat’s Intellectual Property!

In my never-ending quest to write articles that my children would read, I bring you the case of Grumpy Cat.

The guardians of Grumpy Cat (whose actual name is Tardar Sauce), through its company, Grumpy Cat Limited, developed a cottage business in commercially exploiting the likeness of Grumpy Cat for use on, among other things, T-shirts, coffee mugs, books and calendars. … More

A Christmastime Copyright Tale Featuring A (Very) Grown Up Cindy-Lou Who

Are you sick and tired of the Christmas spirit?  Apparently, you are not alone.  Meet Matthew Lombardo, the author of a comedic play called Who’s Holiday!  Billed as “the show Dr. Seuss doesn’t want you to see,” Who’s Holiday! is a one-woman play running Off-Broadway until December 31 featuring Cindy-Lou Who as a down-and-out, hard-drinking, Who-Hash-smoking, 45-year old woman recovering from her disastrous relationship with the Grinch.… More

Halloween Costumes And Copyright: 5 Things You Should Know

This is a tough time of year if you are an intellectual property lawyer who likes to dress up. Anyone who knows about your job will be unable to resist lame and legally incorrect jokes about your Halloween costume.  If you wear a Mohawk wig, they will quip that you are infringing Mr. T’s copyright. If you wield a sword and don a fur coat, they will ask if you had permission to use the “patent” from Game of Thrones.… More

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