The patent statute provides that a patent owner can collect money damages from an infringer. Section 284 of the statute provides that “…the court may increase the damages up to three times the amount found or assessed.” In other words, the trial judge may award the patent owner money damages and may increase those damages […]
Copyright
Ask Dr. Copyright …
September 30, 2015
Ask Dr. Copyright, Copyright
Dear Doc: I heard that there is almost never a final step in the onward march of copyright law. What, exactly, does that mean? Signed, Dazed and Confuzed Dear D&C: It means that, as the late, great Yogi Berra (may he forever whisper in the Almighty’s ear) said, “It ain’t over ’till it’s over!” For […]
Let’s Go Crazy and Support “Fair Use”
September 30, 2015
Copyright
In 2007, Stephanie Lenz posted a cute 29-second YouTube video of her 13-month-old son dancing and giggling to the music of Prince’s “Let’s Go Crazy”. Four seconds into the video Lenz asks her baby “what do you think of the music?” And the baby bobbles up and down holding his push toy. You have to […]
Dear Doc: I know a copyright is only national in scope, but that the Berne Convention requires signatory countries to accord rights to copyright holders from other nations. I recently heard the theme song for the Beijing 2020 Winter Olympic Games. It reminds me of another song I have heard thousands of times, but I […]
Free “Happy Birthday” May Become a Reality
August 4, 2015
Copyright
Ask Dr. Copyright … Dear Doc: Some time ago, I wrote to you about the song “Happy Birthday” and the law suit over whether restaurants and film makers must still pay royalties if they sing it in public. Has anything new happened? Signed, Happy Birthdad Dear Hap (can I still call you that?)… Funny you should […]
Taylor Swift’s Turn to Capitulate (Sort of…)
August 3, 2015
Copyright
In our last newsletter we wrote about Taylor Swift’s open letter to Apple, Inc. and the ensuing kerfuffle over Taylor Swift’s hypocrisy for the way she treated photographers covering her concerts. Just to recap, Swift’s letter to Apple scolded the company for not compensating artists during its customers’ 3-month free Apple Music trial. Apple, you […]
On the subject of interesting IP spats, here’s one that’s worth smiling (or frowning) over. You may know that Taylor Swift recently complained in an open letter to Apple about its using musicians’ work without compensation during the 3-month trial period of its new music streaming service (which, by the way, debuts today). Swift wrote: […]
Artist Richard Prince and the “Derivative” Work
June 30, 2015
Copyright
Ask Dr. Copyright … Dear Doc: Back in April 2013, you wrote about how Richard Prince drew a few electric guitars and naughty bits on photos taken by photographer Patrick Cariou, and then sold them to Beyoncé, Giselle, and other really famous people for tons of money. I seem to remember that a court said […]
There are many misconceptions about posting images on websites and social media. They range from believing everything online is free-for-the-taking to assuming that if you give attribution of ownership to an image, you’re not infringing someone’s copyright. These assumptions are just plain wrong. Just ask anybody who’s received a cease and desist letter and ended […]
Robin Thicke and a Trial of Two Songs
March 30, 2015
Copyright
Ask Dr. Copyright … Dear Doc: You wrote about the legal fracas over the song “Blurred Lines” in a prior issue of your column. What’s up with that? Sincerely, Farel Thick Dear Sir: That case went to the jury about three weeks ago, and, true to the name of the song, it truly did blur […]