Dear Doc: It’s a year into the pandemic, and it seems that most “information workers” are working virtually, while most “essential workers” are still bravely showing up every day. Apart from the unfairness in that, and the fact that if we had all just locked down for several weeks at the start we could have […]
Copyright
In 2011, H. R. 2511, “Innovative Design Protection and Piracy Prevention Act” was an attempt by Congress to extend copyright protection to fashion design. The bill died in Congress and never received a vote. To this day, fashion designs remain unprotected under U.S. copyright law. One fashion-related area that has received considerable attention, however, is in the […]
At the end of December 2020, Congress passed an “omnibus” bill which justifiably received significant attention for providing financial relief during the coronavirus pandemic. Included in the legislation, in addition to the changes to trademark law discussed above, were also new laws related to copyright: the CASE Act and the Protecting Lawful Streaming Act. The CASE Act […]
Spirit v. Led Zeppelin Case Finally Ascends the Stairway to Heaven
November 19, 2020
Copyright
After six years of litigation, Led Zeppelin has finally won. Michael Skidmore, the trustee for the estate of Spirit’s guitarist Randy Wolfe, sued in 2014, claiming that Led Zeppelin’s “Stairway to Heaven” infringed Spirit’s copyright in its song, “Taurus.” On October 5, 2020, the Supreme Court denied Skidmore’s request for a writ of certiorari after the 9th Circuit Court […]
Copyright Law Doesn’t “Heart” New York
June 4, 2020
Copyright
Why is the famous “I [heart] New York” logo protected by trademark and not copyright? At first glance, you’d think that it’s artwork, and therefore can be protected by copyright. However, the Copyright Act protects “original works of authorship.” The “I [heart] New York” logo is merely a phrase, with the word “love” replaced by […]
Last January, readers may recall our article about Georgia v. Public Resource Org Inc. (“PRO”). At the time, that case had been successfully appealed to the United States Supreme Court (SCOTUS). We now have a decision. PRO involved the issue of whether the Official Code of Georgia Annotated [OCGA] was subject to copyright protection. Here were the facts: Georgia publishes and sells the […]
Dear Doc: Is the song “This Land is Your Land” in the Public Domain? Signed,A. Singer Dear A: Back in 2004 the website JibJab posted a video in which John Kerry and George W. Bush had a rap-battle to the tune of Woody Guthrie’s “This Land is Your Land.” Kerry called Bush a “right wing nut job” and Bush […]
Philly Phanatic Gets a Revamp! Why?
March 5, 2020
Copyright
The Philly Phanatic has been a mainstay of Philadelphia culture since he arrived on our shores in 1978. But did you know that the Phanatic has been the subject of numerous lawsuits? He’s even been called “the most sued mascot in baseball.” His most recent lawsuit involves the facts surrounding his birth. It’s a long, convoluted story so we’ll just briefly review the facts […]
Ask Dr. Copyright
January 23, 2020
Ask Dr. Copyright, Copyright
Dear Doc: I know that you sometimes answer intellectual property questions that are not strictly about copyright, so here’s one for you… I know that folks may register just about any available word as a domain name on the Internet, using one of the many Top Level Domains (TLDs) like .com, .org, or .biz. I also […]
Government Edicts 100+ Years Later
January 16, 2020
Copyright
For the first time in over 100 years, on June 24, 2019, the U.S. Supreme Court agreed to hear a case, Georgia v. Public Resource Org Inc., to decide “whether the government edicts doctrine extends to works that lack the force of law, such as annotations in the Official Code of Georgia Annotated [OCGA].” What is the “government edicts” […]