Dear Dr. Copyright: Is plagiarism the same as copyright infringement? — Sir I. Newton, F.R.S. Dear Sir Isaac: No, plagiarism and copyright infringement are different, and not always in equal and opposite ways at all times and all places. Now that I have you completely confused, let me explain… Plagiarism is an infraction that is […]
Copyright
Ringtones Freed by District Court
October 23, 2009
Copyright
In our July newsletter, we posed the question of whether the American Society of Composers, Authors, and Publishers (ASCAP) was crazy (tongue in cheek, or course). You may recall that ASCAP was seeking public performance licensing fees for ringtones. ASCAP demanded royalties for every transmission and sounding of a ringtone because each was a public […]
Confused over when to use the appropriate symbol when referring to trademarks and copyrights? Here’s the scoop. The “C” in the circle is notice to the world that the associated work is protected by copyright law. Although not required by the Copyright Act, it may be placed on any published work. Registration of the copyright […]
Congress Considers Copyright Protection for Fashion Designs
September 24, 2009
Copyright
Our office frequently receives calls from young entrepreneurs asking us to copyright their latest fashion design. Sadly, we tell them that copyright does not offer the protection they seek and, in fact, they will have to enter the market place with the expectation that their designs, if good enough, will inspire “knock off” copies. This […]
Is a Download a Performance? Composers Think So.
August 20, 2009
Copyright
The Copyright Act is continually subject to pressures created by technological and economic forces. Here’s yet another example. Composers and producers are urging Congress to change copyright law so that music airing in a audio-visual downloads are considered public performances and, therefore, deserving of royalty compensation. Federal law, of course, grants owners of copyrights the […]
Is ASCAP Crazy?
July 21, 2009
Copyright
If the American Society of Composers, Authors, and Publishers (ASCAP) has its way, each time your ringtone sounds in a public place, it is a public performance and, assuming you didn’t pay a royalty (a good assumption), you have violated copyright law. That’s the claim made by ASCAP in responding to AT&T’s Motion for Summary […]
iPod to the Queen. Did the President violate the law?
April 20, 2009
Copyright
You may have heard that during his recent visit, President Obama reportedly presented Queen Elizabeth II of England with a personalized iPod loaded with 40 show tunes. An article in the Electronic Frontier Foundation (“EFF”) web site by Fred von Lohmann recently pondered whether President Obama violated the law by presenting the Queen with digital […]
Are pirates selling counterfeit goods bearing your trademark on EBay? Are unlicensed copies of your software or bootleg copies of your CD being sold on EBay? Has ad copy been lifted from your web site and placed in EBay ads? Are knock-offs of your patented invention being sold on EBay? If you answer ‘yes’ to […]
Where Should I Register my Copyrights and Trademarks? Yes, that’s correct. According to the The U.S. Customs & Border Protection (CBP), a bureau of the Department of Homeland Security, trade in counterfeit and pirated goods threatens America’s economy, U.S. workers, national security and the health and safety of consumers. Stopping the flow of counterfeit goods into […]