DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Copyright

The MPAA and the Midwives, and Other Cautionary Tales

Posted in Copyrights, Fair Use, First Amendment, Infringement, Law Suits, Social Media, Trademark Bullying, Trademarks

As we all know, The Motion Picture Association of America (MPAA) has long taken an active role in the debate regarding the advantages and disadvantages of traditional midwifery and modern medical views regarding childbirth. That’s what Rosemary’s Baby was all about, right? Well, the MPAA filed an amicus brief yet again in a lawsuit between… Continue Reading

“Frankenstein” Class Action Suit Against YouTube Dies in Court…For Now

Posted in Copyrights, Guest Bloggers, Infringement, Law Suits, Mixed Bag of Nuts, Social Media, Social Networking, Technology

- Ryan Francis, Law Student, William Mitchell Law School      vs.   Is he alive? Not really, but the Manhattan Second District Court recently referenced the Frankenstein monster in The Football Ass’n Premiere League Ltd. v. YouTube Inc., No. 07 CIV. 3582 LLS, 2013 WL 2096411 (S.D.N.Y. May 15, 2013). In this case, plaintiffs alleged… Continue Reading

Canine Inspired Copyright Confusion?

Posted in Agreements, Contracts, Copyrights, Infringement, Marketing, Social Networking, Trademarks

When we mention confusion on DuetsBlog, we’re typically referring to the well-known likelihood of confusion test of trademark infringement. But today, we’re focused on the apparent confusion many have about the important question of: When copyright protection comes into being. If you ever have wondered whether something is or has been “copyrighted,” this post is for… Continue Reading

Antigua and Barbuda: Haven from Minnesota Winters and Copyright Infringement

Posted in Copyrights, International

–Catlan McCurdy, Attorney When you’re attempting to seek financial retribution from the United States, you have to get a little creative. And it sounds like Antigua and Barbuda employ some creative people. The Carribean nation, known for its beaches, weather, and gambling,  once thrived on a gambling industry that employed 5 percent of its people. The… Continue Reading

Record Labels Losing Sight of the Purpose Behind Copyright Termination Rights

Posted in Copyrights

–Catlan McCurdy, Attorney As we approach the mid point of 2012, I can’t help but look forward to 2013 and the copyright issues yet to surface. Of course, I speak of the right-that-shall-not-be-named: termination. Briefly, termination (also called reversion) rights were built into the Copyright Act in Section 304(c) to protect authors of older works… Continue Reading

Pinterest, Thy Name is Fair Use

Posted in Almost Advice, Copyrights, Fair Use, First Amendment, Infringement

–Catlan McCurdy, Attorney   First, there was copyright. Then, there was Pinterest. And now, there is drama. The words “copyright infringement” and “Pinterest” have been thrown around a lot recently, mainly due to the blog post of one photographer/lawyer, Kirsten Kowalski. Kirsten recently blogged about her decision to break up with Pinterest aka delete her inspiration boards, and… Continue Reading

The Fashion Bill Slowly Creeps Towards Becoming a Law

Posted in Copyrights

–Catlan McCurdy, Attorney Above, my favorite latest designer ripoff – the Kate Middleton wedding dress. A cheaper version of the Alexander McQueen designer’s, Sara Burton, vision, so now every bride can feel like a princess… (photo credit to Mirror.co.uk) With New York Fashion Week nearing its end, and the whirl of Forever 21’s sewing machines beginning… Continue Reading

The Nine-Word Copyright Opinion: Costco v. Omega

Posted in Copyrights

The Supreme Court heard the appeal of Costco v. Omega, a copyright decision from the Ninth Circuit regarding the application of the first-sale doctrine to a foreign manufacturer who did not manufacture the goods in the U.S. or sell the goods directly to Costco.  The outcome?  The Supreme Court’s entire decision (available for viewing here) consisted of nine… Continue Reading

Copyright – Common Misconceptions

Posted in Copyrights

This is a departure from my typical blog, but it is a good opportunity to provide some basic information.  As part of my practice I often have clients or referrals for clients seeking copyright protection for something they have created or plan on creating. What I have discovered is that there are some common misconceptions surrounding copyrights in… Continue Reading

Life-Line to the Lifeblood

Posted in Agreements, Copyrights, Guest Bloggers, Idea Protection, Law Suits

—Joy Newborg, Winthrop & Weinstine, P.A. New ideas are the lifeblood of Hollywood and television, as executives are scrounging to find the next wildly popular Avatar or “Friends.” However, there is a little evil known around the industry as idea theft, where a person believes that their idea has been used but they were not… Continue Reading

The Internet is Where the Wild Things Are

Posted in Almost Advice

With all the good that the Internet can bring for a company, a lot of bad is also lurking out there.  A company could join the social media revolution and capitalize on attracting new customers only to have their new customers’ identities stolen in a cyber attack.  Or, a more likely scenario for most companies, the… Continue Reading

Lawsuits – Back in Fashion This Fall

Posted in Infringement, Law Suits

Last week, the Minneapolis/St. Paul Business Journal reported that Coach filed a complaint in New York against Minneapolis-based Target Corporation, alleging infringement of two of its handbag designs.  Coach claims Target’s new designs are too similar to two of its bags, including the Ergo and Signature Patchwork bags:   Target is not alone.  Coach also filed a lawsuit against Brown Shoe Co.,… Continue Reading

Van Halen Sues Nike

Posted in Copyrights, Infringement

Last month, Eddie Van Halen’s company, ELVH, Inc., filed a lawsuit against Nike for copyright infringement.  The complaint alleges the above-depicted model of Nike’s Dunk Low shoes infringe his copyright in the red, white and black striped Frankenstein guitar design.  The lawsuit is seeking not only profits from Nike’s sale of the shoes and damages, but also the… Continue Reading