Tag Archives: copyright

Keeping in the holiday spirit, here’s an IP story that will sweeten your day. Protecting recipes with the traditional tools of intellectual property is difficult. Recipes are typically not copyrightable subject matter because, as merely a list of ingredients with directions on how to combine them, a recipe does not have the modicum of creativity […]

A few years ago, at the behest of some photographers, we wrote about whether uploading images to Flickr.com or Instagram was equivalent to “publication” under the Copyright Act.   We concluded that it is.  Another “photographic” issue has arisen in our practice, whether thumbnail images posted on a website or on an e-mail, could be construed as permissible “fair use” […]

  If you are a regular reader of our newsletter, you may recall that in 2014 we wrote about a copyright case involving Mike Tyson’s Maori-inspired facial tattoo. In that case, the tattoo artist, Victor Whitmill, sued Warner Brothers Entertainment in an attempt to stop the release of the movie, “Hangover Part II.” in which one […]

Dear Doc: At times, you write about copyrights. At other times, you write about patents, trademarks, trade secrets, and other legal mumbo-jumbo. I’m confused. What’s all of that got to do with intellectual property? Signed, Inquiring Client   Dear Inqy: Back in the dark ages, when the Doc passed the bar, things were pretty clear. […]

I was browsing through my copy of the “Copyright Law of the United States,” which I purchased from the Government Printing Office some years ago. I noticed that inside the opening pages where you would normally find a copyright notice, the page contained a quote from the United States Constitution: The Congress shall have Power… […]

Two years ago we wrote about Floe & Eddie, Inc.’s, attempt to obtain royalties from SiriusXM for performances of the Turtle’s pre-February 1972 sound recordings. Floe & Eddie filed claims in California, New York, and Florida seeking to obtain royalties for performances of their recordings under state common law. You may recall that for pre-February 1972 sound […]

It’s crazy that a standard tune such as “Happy Birthday” sung by millions worldwide in a multitude of languages could actually be claimed “private property” subject to copyright protection.  Now we learn that another famous song, “We Shall Overcome” is also subject to a copyright dispute. The New York Times has reported extensively on the […]