Copyright

30Nov 2012

The Dead Hand of William Faulkner Claims Foul

November 30, 2012 Copyright
Copyright concepts

The estate of William Faulkner is furious.  In the past month it has filed two copyright infringement lawsuits, one against Sony Picture Classics and another against Northrop Grumman Corporation and the Washington Post Company.  In the Sony case, the Faulkner Estate claims that Sony infringed Faulkner’s copyright in the famous phrase from Requiem for a […]

30Nov 2012

Ask Dr. Copyright…

November 30, 2012 Ask Dr. Copyright, Copyright
Congressional seal

Dear Doc: I heard that some insanity has recently infected the Republican Study Committee, when it published a memo with the exciting title of “Three Myths About Copyright Law and Where To Start To Fix It”. What gives? Signed, M. Mouse Dear M: A young staffer at the RSC, Derek Khanna, wrote about our broken […]

28Oct 2012

O Say, Can You See?

October 28, 2012 Copyright
courtroom

Imagine that you live in an apartment in a large city, and that you don’t want to have cable television.  You used to have “rabbit ears” on your television, but once the analog transmitters went off the air, you found that your apartment faces the wrong way, and now all you get on your set […]

28Oct 2012

First Sale Doctrine Goes Digital — or Does It?

October 28, 2012 Copyright
Internet and Intellectual Property

Here’s another example of the “if value, then right” approach.  You may recall that the first sale doctrine permits an owner of a copyrighted work to sell, transfer, loan, or even dispose of the work without infringing the creator’s distribution rights.  So, for example, if you were to purchase a music CD or a book, […]

28Sep 2012

Ask Dr. Copyright…

September 28, 2012 Ask Dr. Copyright, Copyright, Patent, Trademark
Designs for patents

Dear Doc: I have heard that there is something called “trade dress” that can be legally protected, and that it’s different from trade mark and also from design patent and copyright?  What gives? Signed, Sam Sung Dear Sam: Trade dress is pretty broadly defined as the visual impression created by the sum of all elements […]

28Sep 2012

Copyright Protection for Fashion Designs Revisited (Again)

September 28, 2012 Copyright
The-Top-Computer-Companies-In

We’ve been following developments in copyright law related to the fashion industry for quite some time.  You may recall that clothing falls into the category of a functional item, which is not protectable under United States copyright law.  Yet, because fashion designs are frequently “knocked-off,” the fashion industry has long sought copyright protection for designs. […]

31May 2012

Ask Dr. Copyright

May 31, 2012 Ask Dr. Copyright, Copyright, Intellectual Property
Designs for patents

Dear Doc: I have heard several of my friends say that university copyright policies are complicated and are a “bear” to deal with.  What, exactly, does that mean? Your friend, Yogi Dear Yogi: Many colleges and universities have so-called “intellectual property policies” that they say apply to student-created work. Many of these policies say that […]

31May 2012

Major League Baseball Should Play Fair with Fair Use

May 31, 2012 Copyright
Copyright concepts

On May 28th, Phillies versus the Mets, ace-pitcher Cole Hamels, allowed four runs in eight innings but got out of an eighth-inning jam by making the right pitches at the right time.  But it was first baseman Ty Wigginton’s game.  He saved the day by going 3-for-3 with a double, home run, two walks, and […]

30Apr 2012

Ask Dr. Copyright . . .

April 30, 2012 Ask Dr. Copyright, Copyright, Internet Law
Internet Domains

Dear Doc: I hear a lot about storing files on “the cloud” these days. From your perspective, do I lose any rights when I use such a service?  They sure are convenient! Signed, Will Robinson DANGER, WILL ROBINSON!!! DANGER!!! The “Doc” has reviewed the terms and conditions of the license agreements of a few “cloud” […]

30Apr 2012

Copyright Still Isn’t Fashionable!

April 30, 2012 Copyright
Copyright

A recent question posed to us by a law student in Rotterdam, Netherlands (yes, you read correctly) about the status of copyright protection for fashion designs in the United States motivated us to revisit a previous article we wrote in 2009 about proposed copyright legislation referred to then as the Design Piracy Prohibition Act (H.R. […]

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