In October 2018 we wrote about Anish Kapoor’s lawsuit against the National Rifle Association (“NRA”) for copyright infringement. You may recall that the NRA published a video called the “Clenched Fist of Truth,” a controversial video about the “liberal insurgency… destroying American Society.” In the video, were fleeting images of various sculptural and architectural works, […]
If one of your electronic car components fails or your cell phone dies, good luck getting it fixed or even diagnosed by a third party. Your auto mechanic may not have the tools to diagnose the problem (and can’t get them) and good luck finding a third party to repair your cell phone. Folks have […]
Dear Doc: Barry Pincus sang, “I write the songs” back in 1975. (You probably know Barry as Manilow. But Bruce Johnston (of Beach Boys fame) actually wrote “I Write the Songs”, and it was first recorded by The Captain and Tennille (who were more famous for “Muskrat Love” which, it seems, was a favorite of […]
The National Rifle Association (“NRA”) conjures up many things for many people: gun lobby, gun rights, 2nd Amendment, just to recite a few. It’s name, however, has rarely arisen in the intellectual property context until recently. Here is some background. One of Chicago’s famous public sculptures, “Cloud Gate”, affectionately known as the “Bean”, is an […]
Dear Doc: I heard that it may not be legal to take a photo of a city skyline, and to use that photo. Or maybe it is. Can you help me to understand what’s going on in the law? Signed, Insel IdimsDear Mr. Idims:You are correct. Two recent cases involving photographs of the Philadelphia and […]
Dear Doc: What’s new and exciting in the world of copyright law? Signed, Very Bored and Easily Amused Dear Very and Easily: Funny you should ask! There is much to report in the fascinating realm of copyright, as authors and other creative types battle the force of evil to protect their creations (and as their […]
Dear Doc: Shakespeare, in Henry VI, Part 2, has Dick the Butcher say, “The first thing we do, let’s kill all the lawyers.” Now I know how he must have felt. You see, my friend and I filed a writ of habeas corpus in court in New York. We are being held prisoner, and […]
On April 23, 2018, the 9th Circuit Court of Appeals decided that Naruto, the monkey who took a selfie, lacked standing to bring a law suit in under the Copyright Act. “We must determine whether a monkey may sue humans, corporations, and companies for damages and injunctive relief arising from claims of copyright infringement. Our […]
Dear Doc: I’ve always heard that Yogi Berra said, “It ain’t over ’till it’s over.” I’ve also heard (not to engage in body-image shaming) that, “It’s not over ’till the fat lady sings.” Now I hear that the copyright case between Oracle and Google, which I read was over (Oracle lost) is not over at […]
In 2016 Justin Goldman, a photographer, snapped a photograph of NFL quarterback Tom Brady and Boston Celtics president, Danny Ainge, strolling together in the Hamptons. According to reports, the Celtics were at the time attempting to recruit NBA star Kevin Durrant. Goldman uploaded his photograph to Snapchat after which it went viral being posted on […]
