Copyright Law

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If you’re in a rush, that title is all you need to know.

If you crave explanation, here it is.

One does not “copyright” (verb) one’s work. Copyright rights attach automatically, when sufficiently original works of authorship are fixed in tangible media of expression. That is, for example, when the poem is written on paper; the paint is applied to canvas; the recording or photograph is fixed in a digital file; the training materials are typed into Word or…
Continue Reading Copyright Is Not A Verb

Technology companies are facing a series of lawsuits alleging copyright infringement.
Throughout our Artificial Intelligence 101 blog series, we’ve discussed the hypothetical legal troubles Generative AI can cause. To wrap things up, our final blog post is an overview of the many pending lawsuits that could decide the legal future of Generative AI.

OpenAI, the creator of ChatGPT, is likely the most well-known company in the field of Generative AI technology. This recognition, however, has resulted in numerous…
Continue Reading Generative Artificial Intelligence 101: Copyright Infringement Lawsuits Ahead for Tech Companies

When a fantastic trademark dispute arises, especially one involving superheroes, this trademark attorney cannot help but blog about it. The nature of this particular trademark dispute is epic, perhaps rising to the level worthy of a superhero blockbuster (or maybe that’s just this attorney’s trademark geekdom talking). In either event, like many legal disputes, this trademark dispute has several moving parts and has thus far spanned several proceedings. In short, it is complicated. With that in mind, it makes…
Continue Reading SUPER BABIES vs. Other SUPER Trademarks

As the father of a three year old boy, I spend… more time than I would like in public bathrooms. When you’re three, public bathrooms are a real place of wonder. Questions abound: Is there a “stand-up potty?” Is the paper towel machine automatic? What about the sink and soap dispenser, are they automatic too? And why can’t you touch anything in the stall? (Because people are disgusting, that’s why.)
A Legal Curiosity

On my fifth trip to the…
Continue Reading The Curious Case of ‘Healthy Soap®’

Many bar and restaurant owners are aware of the need to enter into licensing agreements for the music they play over the speakers in their establishments. But with shrinking profit margins due in part to rising food and labor costs, music licenses often get put on the back burner, which could create problems down the road. If an establishment inadvertently lets a license lapse, the establishment could end up facing a lawsuit—the last thing any bar or restaurant owner…
Continue Reading When It’s Time to Pay the Piper: Music Licenses and Copyright Infringement

In a case involving a 1980’s rocker, an iconic figure in the pop art movement, and a celebrity photographer, the Supreme Court recently tweaked the four-part copyright fair use test in its decision in Andy Warhol Foundation v. Goldsmith. The shift in fair use, though subtle, may have profound implications for artists who build upon existing creative works—and, of course, businesses and persons who may want to use resulting copyrighted material.
Background
In 1981, celebrity photographer Lynn Goldsmith photographed…
Continue Reading The Supreme Court Strikes a New Chord in Andy Warhol Foundation v. Goldsmith

Vector Trio Astronaut Silhouettes with Guns on an Alien Planet Stock Illustration
Vector Trio Astronaut Silhouettes with Guns on an Alien Planet Stock Illustration

When branding a new product, many businesses allude to copyrighted works either to honor a creative work or cash in on a pop culture success. The practice is very common across a wide variety of products, including t-shirts, stickers, craft beers, and even car commercials. You may even be considering alluding to a copyrighted work for your next product. Unfortunately, brand creators are often unaware of the dangers associated with the practice as it risks trademark and copyright infringement.
Continue Reading The Stuff Dreams Are Made Of: Copyright in Fictional Characters

Generally, to properly file a copyright application, the applicant must complete three components. First, the applicant must complete an online application. This process is relatively straightforward and requires certain pieces of information to be filled out and specified concerning the type of work, year of creation, publication information, author(s), claimant(s), and certain limits on use (if applicable). Second, the applicant must submit a filing fee by credit card, debit card, bank account, or deposit account. Lastly, the applicant must…
Continue Reading Copyrights: The Difference in Deposits

Late last month, a little clock-app and a handful of online creators made moves that are likely to permanently alter the existing copyright landscape. That’s right, Tiktok, an app with over 689 million active monthly users, and creators like Keara Wilson (the dancer who choreographed the insanely viral Savage Challenge dance to the Megan Thee Stallion song entitled Savage) have turned to the U.S. Copyright Office to ensure that the original creators of the app’s signature dance moves are…
Continue Reading Tiktok Creators Making Major Moves In the Copyright World