Dear Doc: I hear that we are now short one Librarian of Congress and one Register of Copyrights. What gives? Signed,Alarmed Constitutional Scholar Dear ACS: On May 8, 2025, the President fired Carla Hayden, the Librarian of Congress. Ms. Hayden had been confirmed by the Senate in July 2016 in a bipartisan vote of 74-18. Under […]
Ask Dr. Copyright
Ask Dr. Copyright is a monthly column that tackles common misconceptions in the areas of intellectual property law especially, copyright.
Dear Doc: What’s the latest scoop on lawyers using generative artificial intelligence in their work? Signed,ChatGPT Dear Chat: What Happened in the Kilmar Abrego Garcia Case? File this under “stupid lawyer tricks.” In the case of Kilmar Abrego Garcia, the man deported to a Salvadoran prison by (the U.S. Government’s own admission) a mistake, it […]
Ask Dr. Copyright© About Patent Trolls
April 17, 2025
Ask Dr. Copyright, Patent
Dear Doc: I hear that courts are once again trying to crack down on “patent trolls.” What is a patent troll, and why should courts try to squash them? Signed,Under a Bridge Dear UB: Patents are called “intellectual property” in much the same way as land is called “real property” and your car is “personal […]
Ask Dr. Copyright® About Birkenstocks
March 20, 2025
Ask Dr. Copyright, Copyright
Dear Doc: Some things are protected by trademarks. Some by copyrights. Some by “trade dress”. Others by design patents. Some by utility patents. And others by trade secrets. How do you lawyers decide which is which, and can it be more than one? Signed, Confused Again Dear CA: Yes…this can be confusing, and often the stakes […]
Ask Dr. Copyright® About His Opinion
February 20, 2025
Ask Dr. Copyright, Patent
Dear Doc: Every time I read about some new case being decided by the Court of Appeals for the Federal Circuit, I get more confused about what exactly is the patent (or trademark) law that they are using. What gives? Signed,Dazed and Confused Dear D&C: It seems to the Ol’ Doc that over the past […]
Ask Dr. Copyright® About Publicity Rights
January 16, 2025
Ask Dr. Copyright, Copyright
Dear Doc: I have heard that there is an intellectual property right called the “right to publicity.” What is that and how does it work? Signed, Prime Woman Dear PW: Here is a HYPOTHETICAL that will answer your question about publicity rights… President-Elect Donald Trump will try to sell just about anything he can put his […]
Ask Dr. Copyright® About Privacy
November 21, 2024
Ask Dr. Copyright, Privacy
Dear Doc: I know this question is not about intellectual property, but I hear that you’ve been lecturing about privacy recently, and I wonder if you’ve heard about Flock license plate readers and a lawsuit claiming that they violate the Fourth Amendment. Signed, Creeped Out Dear Creeped: Yup! The “Doc” has given lectures at many […]
Ask Dr. Copyright® About Clowns
October 17, 2024
Ask Dr. Copyright, Copyright
Dear Doc: What is the strangest form of intellectual property protection you’ve ever run across? Signed,Ronald McD. Dear Ronald: Without a doubt, the most unusual form of protection of an idea or expression is the Clown Egg Register in Wookey Hole, England (the “Register”). The Doc is indebted to David Fagundes and Aaron Perzanowski and […]
Ask Dr. Copyright® About Political Campaigns and Music
September 26, 2024
Ask Dr. Copyright, Copyright
Dear Doc: Political campaigns seem to have become entertainment, featuring musical introductions, interludes between speeches, and soundtracks to commercial spots. But what if a musical artist disagrees with the positions of the sponsor of the event? Can she prevent the use of her music entirely, or charge a very high royalty, which she then donates […]
Ask Dr. Copyright® About Coffee
August 22, 2024
Ask Dr. Copyright, Trademark
Dear Doc: I understand that under United States Trademark Law, you can’t register marks that are “primarily geographically descriptive” as you can in other countries, but you may register “geographic indications” as certification or collective marks. For example, in France, champagne has to actually come from Champagne and Roquefort has to come from Roquefort. The […]