Tag Archives: copyright

Dear Doc: Barry Pincus sang, “I write the songs” back in 1975. (You probably know Barry as Manilow. But Bruce Johnston (of Beach Boys fame) actually wrote “I Write the Songs”, and it was first recorded by The Captain and Tennille (who were more famous for “Muskrat Love” which, it seems, was a favorite of […]

The National Rifle Association (“NRA”) conjures up many things for many people:  gun lobby, gun rights, 2nd Amendment, just to recite a few.  It’s name, however, has rarely arisen in the intellectual property context until recently.  Here is some background. One of Chicago’s famous public sculptures, “Cloud Gate”, affectionately known as the “Bean”, is an […]

 In 2016 Justin Goldman, a photographer, snapped a photograph of NFL quarterback Tom Brady and Boston Celtics president, Danny Ainge, strolling together in the Hamptons. According to reports, the Celtics were at the time attempting to recruit NBA star Kevin Durrant. Goldman uploaded his photograph to Snapchat after which it went viral being posted on […]

Dear Doc: I hear that although a monkey can’t own a copyright, a cat can be both a copyright and a trademark, and is worth a whole lot of money. What gives? Judges don’t like monkeys, but love kitties? What kind of law is that? Signed, Confused Cat Lover Dear CCL: Like anything in the […]

Keeping in the holiday spirit, here’s an IP story that will sweeten your day. Protecting recipes with the traditional tools of intellectual property is difficult. Recipes are typically not copyrightable subject matter because, as merely a list of ingredients with directions on how to combine them, a recipe does not have the modicum of creativity […]

A few years ago, at the behest of some photographers, we wrote about whether uploading images to Flickr.com or Instagram was equivalent to “publication” under the Copyright Act.   We concluded that it is.  Another “photographic” issue has arisen in our practice, whether thumbnail images posted on a website or on an e-mail, could be construed as permissible “fair use” […]