Copyright

13Feb 2023

You Can’t Copyright That?

February 13, 2023 Copyright
What can you copyright

*Originally posted on April 1, 2021 Copyright law often isn’t as well understood as, for example, criminal defense, or family law. Most people may know that if you write a book, perform a song, or take a photograph, you can obtain copyright protection for those works. But what about items that you can’t protect through […]

06Feb 2023

Attorney’s Fees: Adding Insult to Injury

February 6, 2023 Copyright
Fair Use

*Originally posted on December 17, 2020 In addition to an award of statutory damages, the ability to obtain attorney’s fees is often touted as an advantage of registering a copyright.  Indeed, it is a strong incentive for some lawyers to take copyright infringement cases on a contingency basis. What’s not often discussed is that should […]

21Oct 2021

Ask Dr. Copyright © About the Difference Between an Intellectual Property Attorney and a Patent Attorney

October 21, 2021 Copyright
Question on a Keyboard

Dear Doc: What’s the difference between an “Intellectual Property Attorney” and a “Patent Attorney”?Signed,Thinking of Applying Dear Thinker: You may not know it, but the Doc is BOTH! Under the Patent Law (37 U.S.C. §11.5), a person who wishes to represent others before the United States Patent and Trademark Office (USPTO)  in patent matters (a […]

09Sep 2021

Not So Happy Together: Ninth Circuit Says No Public Performance Rights in Turtles Pre-1972 Recordings

September 9, 2021 Copyright
The Turtles

What happens when Congress is unable – for almost 50 years – to figure out how to protect recorded music? Specifically, music recorded before 1972? Messy litigation involving the Turtles is what happens. First, some background. Almost 50 years ago, Congress passed the Sound Recording Amendment to the 1909 Copyright Act, which provided copyright protection […]

06May 2021

Where Have All the Soundtracks Gone?

May 6, 2021 Copyright
Family TV

When fans of the TV show “Dawson’s Creek” watch it on Netflix, it will sound very different. This is because the theme song (Paula Cole’s “I Don’t Want to Wait”) has been replaced by Jann Arden’s “Run Like Mad” due to lack of streaming and DVD rights to the Paula Cole song.  Dawson’s Creek has plenty of company […]

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