Copyright

  • Transformative Use and Infringing Derivatives: The Future Under Warhol v. Goldsmith

    Transformative Use and Infringing Derivatives: The Future Under Warhol v. Goldsmith

    Anthony Cartee

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    Introduction: The Future of Derivative Works and Copyright Law Under Warhol v. Goldsmith Transformative Use and Infringing Derivatives Derivative Works – On October 12, 2022, the United States Supreme Court heard oral arguments in Andy Warhol Foundation for the Visual Arts v. Goldsmith, a case that has the potential to drastically alter the landscape of copyright law when it comes to derivative works, specifically the limits of what is considered a proper transformative work, and what would remain an infringing derivative. The Court must decide whether Andy Warhol had committed copyright infringement by creating prints in his famous pop art… Read More

  • Fandom and Fair Use – Fan Art

    Fandom and Fair Use – Fan Art

    Anthony Cartee

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    Fan Art & Fair Use – Many fans enjoy creating original artwork based on their favorite books, TV shows, movies, musicians, and musicals. This might include drawings, t-shirt designs, posters, jewelry, and other items featuring popular characters, figures, costumes, or scenery whose copyright is owned by someone else. While fans may think that their creations are wholly original and do not constitute copyright infringement, sometimes these works can cross the line and open the door to legal liability. What is Fan Art and How Does It Relate to Copyright Law? Many fans enjoy creating original artwork based on their favorite… Read More

  • The Legal Landscape of Landscape Design

    The Legal Landscape of Landscape Design

    Anthony Cartee

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    Landscape Design Copyright Protection – Thanks to California’s sunny climate and culture of outdoor living, many California residents enlist landscape designers to create the perfect outdoor space. These outdoor living amenities are often widely shared on social media sites like Instagram, Pinterest, and Facebook, and publicized in magazines and advertising circulars. Thus, landscape designers should know their legal rights when others copy or take credit for a unique landscape design or painstaking landscaping plan. Copyright Protection for Landscape Design First, landscape designers are entitled to copyright protection in their landscape designs i.e. the technical landscape plan or even a rough… Read More

  • Copyright Claims in Arbitration: Don’t Forget the Registration Pre-requisite

    Copyright Claims in Arbitration: Don’t Forget the Registration Pre-requisite

    Anthony Cartee

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    Copyright Infringement Claims in the Realm of Arbitration Copyright registration – In order to bring a copyright infringement claim in arbitration, the copyright owner must first register their work with the U.S. Copyright Office. Without registration, the copyright owner may not be able to recover statutory damages or attorney’s fees. Unlike the United States Patent Act, the Copyright Act of 1976 does not contain any provisions for the arbitration of copyright validity or infringement claims. As a result, it has only been recently that courts have made it clear that federal law does not explicitly forbid the arbitration of the… Read More

  • Fair and Foul in Tech and Copyright

    Fair and Foul in Tech and Copyright

    Anthony Cartee

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    In a world of bustling creativity and a thriving technology industry, it is essential for businesses and startup companies to be wary of copyright issues. Generally, copyright protection is automatic and provides the author exclusive rights to reproduce and distribute the work. However, copyright owners are only entitled to bring a claim for infringement against others if they have registered their copyrighted work. Those who do can then go after infringers who face statutory penalties and damages ranging from $500.00 to $150,000 per work for willful infringement. This does not include other remedies including infringer’s profits, injunctions, actual damages, and… Read More

  • Copyright After Death: Ensuring Your Legacy Lives On

    Copyright After Death: Ensuring Your Legacy Lives On

    Anthony Cartee

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    Copyright After Death Copyright after death – In general, copyright protection exists during the lifetime of the creator and for a certain period of time after their death. The duration of this posthumous protection may vary depending on the country and the type of work, but it typically lasts for several decades. During this time, the copyright is usually managed by the creator’s estate or by a designated representative. It is important to note that copyright laws differ between countries, and it is recommended to seek legal advice for specific cases. Life, Death, and the Pursuit of Copyright Copyright after… Read More

  • Why You Need To Maximize Your Copyright Protection Early

    Why You Need To Maximize Your Copyright Protection Early

    Anthony Cartee

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    Why You Need to Maximize Your Copyright Protection Early Copyright is a form of protection grounded in the U.S. Constitution granted for original works fixed in a tangible medium of expression and therefore exists the moment your work is created. 17 U.S.C. Code § 102. But you also have the option of registering the copyright of your original work with the Copyright Office. Why do so if you already have a copyright simply by virtue of creating something? There are several advantages as well as tips as to how to maximize such protection. Advantage #1: The Right to Pursue Copyright… Read More

  • When Unprotected Elements In Trademarks And Copyrights Get You In Hot Water

    When Unprotected Elements In Trademarks And Copyrights Get You In Hot Water

    Anthony Cartee

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    Trademark and Copyright Issues to Consider With Sales of Athletic Goods and Apparel When can a generic design rise to an infringement of intellectual property rights? A common and growing occurrence comes when one takes an attribute of a famous athlete (like a number), puts it with that athlete’s team color scheme, and the next thing you know, someone is claiming a likelihood of confusion. Such apparel that strive to simply use generic designs, but combine well-known elements that might implicate the rights of a famous athlete or clubs best beware that they are touching on issues that go into… Read More

  • TV-Streaming Service Provider May Seek Compulsory Copyright Licenses

    TV-Streaming Service Provider May Seek Compulsory Copyright Licenses

    Anthony Cartee

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    TV-Streaming Service Provider May Seek Compulsory Copyright Licenses TV-Streaming Service Provider May Seek Compulsory Copyright Licenses – In what may be considered a surprise decision, a federal judge ruled that online television streaming service, FilmOn Air X, may be treated as a cable company by allowing it the same compulsory copyright licenses that broadcast companies receive. FilmOn offers content from cable companies like Fox, NBC, and the like. FilmOn captures broadcast television signals and transmits them to its users through the internet, enabling them to watch on their web-enabled devises. Multiple cable companies sued FilmOn based on the premise that… Read More