Dear Doc: I heard that “appropriation artist” Richard Prince is again involved in a lawsuit over his theft…uh, “appropriation” of another artist’s photograph. Given the Supreme Court’s decision in the Worhol case about the photograph of Prince, the musician, a few months ago, has anything changed or is Richard Prince still free to swipe anything […]
Copyright
If you know about “fast fashion,” you surely have heard of the Chinese fast-fashion giant, Shein. It is a favorite of those who desire cheap clothing in a seemingly infinite and ever-changing selection of styles. Despite, and perhaps partly because of its worldwide dominance and popularity, Shein has been a magnet for legal and ethical accusations, including trademark […]
Ask Dr. Copyright © About Art
July 25, 2023
Copyright
Dear Doc: Now that the Supremes have settled the whole fair use debate (except for all the issues that they left unsettled, and the new issues that their decision in the Warhol case created…), what’s this that I hear about bananas? Sincerely,Froot Loopy Dear Loopy: Did you know that “Froot Loops” is called that because […]
Ask Dr. Copyright about the Public Domain
June 12, 2023
Ask Dr. Copyright, Copyright
Dear Doc: I know that in the past you have said (complained, actually) that copyrights last far too long…for the life of the author plus another 75 years (or 95 years for corporate-authored works.) That said, it was not always the case that the term was so extensive. How can I know if a book […]
In many parts of the world, authors and artists also own “moral rights” in their works. Moral rights include the “right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work.” The “right to integrity” means that right to object to the “distortion, or […]
Ask Dr. Copyright About “Deep Fakes”
May 29, 2023
Copyright
Dear Doc: Lately I have been reading a lot about “deep fakes”, which seem to be photos and videos that have been edited for propaganda purposes. Isn’t it against the law to do that? Why don’t the copyright police put an end to such deceptions so that the public may once again be able to […]
Paparazzi Find a New Profit Center
May 22, 2023
Copyright
Did you know that there has been a spate of lawsuits filed against celebrities for using unlicensed photographs of themselves? It’s true. The list of defendants is a Who’s Who of social media, including Deshaun Watson, Justin Bieber, Emily Ratajkowski, Lebron James, Gigi Hadid, Katy Perry, Khloe Kardashian, and the list goes on. With the […]
A Kinder Approach to Cease and Desist Letters In the world of intellectual property, the “Cease and Desist” letter is king. These are letters from attorneys for the owner of a work or invention, sent to an alleged infringer of the owner’s intellectual property rights. The letters cite the legal basis for the owner’s claim, […]
Dear Doc: It seems to me that every time I try to find out about intellectual property licensing, I end up more confused than ever. Are you able to help? Signed, Bothered and Bewildered Dear B&B: You are correct. Licensing is a complex area of business and of the law. Unfortunately, it is in the […]
Fair Use or Infringement — So Sorry
May 1, 2023
Copyright
Dozens of times over the past 10 years, we have written about the “fair use” exception to copyright infringement. You may recall that “fair use” under the U.S. Copyright Act permits limited use of copyrighted works for purposes of “criticism, comment, news reporting, teaching, scholarship, or research.” It’s a complex area and one that is continuously […]