You may already know by reading this newsletter that utilitarian objects are typically not protected by copyright law. Fashion designs are but one controversial example. Here’s a little more history. In the 1950’s, the Supreme Court of the United States in Mazer v. Stein, held that statuettes incorporated into lamps – unarguably utilitarian objects – […]
All posts by: Adam Garson
Copyright Law Forces Beatles’ Hand ….
December 31, 2013
Copyright
It’s been decades since the British Invasion and believe it or not, the Beatles are still releasing music. Well, it’s not “new” music but familiar tracks, which had not seen the light of day (although many have been available for years as bootlegs). These include four extra versions of “She Loves You,” five versions of […]
Branding Rules While Candy Bars Wage Battle ….
November 27, 2013
Trademark
If you ever doubted the economic importance of branding, take a look at the 2013 World Intellectual Property Report authored by the World Intellectual Property Organization (WIPO). For the period from 1987 to 2011, United States investments in branding accounted for close to a quarter of all intangible asset investments! Brand ranking organizations value the […]
Six Strikes and You’re Out (of Internet Access) …
September 30, 2013
Copyright
In February of this year, the Center For Copyright Information (CCI) — a group representing rights holders in the media industries — began a so-called “six-strikes” educational campaign to combat Internet piracy. Leading Internet Service Providers (ISP) — Verizon, Time Warner, Cablevision, Comcast and AT&T — are taking part. Here’s how it works. When it […]
Imagine how surprised some photographers are when we tell them that the government fee for registering the copyrights of a complete photo shoot — comprising hundreds of photographs — is only $35.00 if you do it online. It seems like nothing the government charges these days is only $35.00! It represents one of the best […]
The DMCA to the Rescue (Maybe) …
July 31, 2013
Copyright
In a recent embarrassing broadcast by KTVU television of San Francisco, the morning anchor, Tori Campbell, identified the pilots of the recent San Francisco Asiana airline crash as “Captain Sum Ting Wong,” “Wi Tu Lo,” “Ho Lee Fuk,” and “Bang Ding Ow.” As she read the names, Campbell didn’t flinch and, even more perplexing, […]
Protecting the Latest Food Sensation
June 29, 2013
Trademark
OMG, I have to try one of these…. That appears to be the general consensus about the so-called “Cronut,” the new New York City food sensation. Early morning lines stretch around the block with customers lining up to buy this croissant-donut hybrid two hours before the Dominique Ansel Bakery in SoHo opens. It’s so wild […]
We’ve written a lot about the “fair use” concept in the copyright context but did you know that there is also a fair use concept in trademark law? Here’s a case that illustrates the point. In 2012, the Naked Cowboy (yes, you read it correctly) of New York City fame, sued CBS for trademark infringement […]
So, do you know what an “appropriation artist” is? It’s an artist who uses preexisting objects or images to create new works of art. While you might guess that appropriation artists keep many a copyright lawyer employed they also sell their works for large sums of money. Take for example, Richard Prince, perhaps, the most […]
Kirtsaeng Wins Before the Supreme Court!
March 28, 2013
Copyright
If you’re a regular reader of our newsletter, you may recall in 2011 our writing about Supap Kirtsaeng’s legal problems when he was sued by John Wiley & Sons, Inc. (“Wiley”) for selling text books on e-bay. Kirtsaeng, a Thai national, opened a used textbook business in 2009 to support his educational studies in the […]