Copyright

09Sep 2021

Not So Happy Together: Ninth Circuit Says No Public Performance Rights in Turtles Pre-1972 Recordings

September 9, 2021 Copyright
The Turtles

What happens when Congress is unable – for almost 50 years – to figure out how to protect recorded music? Specifically, music recorded before 1972? Messy litigation involving the Turtles is what happens. First, some background. Almost 50 years ago, Congress passed the Sound Recording Amendment to the 1909 Copyright Act, which provided copyright protection […]

06May 2021

Where Have All the Soundtracks Gone?

May 6, 2021 Copyright
Family TV

When fans of the TV show “Dawson’s Creek” watch it on Netflix, it will sound very different. This is because the theme song (Paula Cole’s “I Don’t Want to Wait”) has been replaced by Jann Arden’s “Run Like Mad” due to lack of streaming and DVD rights to the Paula Cole song.  Dawson’s Creek has plenty of company […]

01Apr 2021

You Can’t Copyright That?

April 1, 2021 Copyright
What can you copyright

Copyright law often isn’t as well understood as, for example, criminal defense, or family law. Most people may know that if you write a book, perform a song, or take a photograph, you can obtain copyright protection for those works. But what about items that you can’t protect through copyright?  Here are some examples of […]

11Feb 2021

You May Register Multiple Copyrights in a Single Application But Beware

February 11, 2021 Copyright
Unicolors vs. H&M

In 2011, H. R. 2511, “Innovative Design Protection and Piracy Prevention Act” was an attempt by Congress to extend copyright protection to fashion design. The bill died in Congress and never received a vote. To this day, fashion designs remain unprotected under U.S. copyright law. One fashion-related area that has received considerable attention, however, is in the […]

07Jan 2021

New Copyright Laws – Tougher Enforcement and New “Small Claims Court”

January 7, 2021 Copyright
New Copyright Laws

At the end of December 2020, Congress passed an “omnibus” bill which justifiably received significant attention for providing financial relief during the coronavirus pandemic. Included in the legislation, in addition to the changes to trademark law discussed above, were also new laws related to copyright: the CASE Act and the Protecting Lawful Streaming Act. The CASE Act […]

17Dec 2020

Attorney’s Fees: Adding Insult to Injury

December 17, 2020 Copyright
Fair Use

In addition to an award of statutory damages, the ability to obtain attorney’s fees is often touted as an advantage of registering a copyright.  Indeed, it is a strong incentive for some lawyers to take copyright infringement cases on a contingency basis. What’s not often discussed is that should plaintiff’s attorney fail on behalf of […]

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