Who comes to mind when I list the following character traits: lives in a dystopian metropolis, has a deceased parent, fights criminals, rides a motorcycle, has seemingly-superhero strength, is fearless, has dark hair, and–oh, by the way–his name is “Wayne.” More than that, you learn all these facts about Wayne by watching a trailer for
The Horror! Government Argues No Claim of Infringement for Unregistered Copyrights
Happy Halloween from DuetsBlog! I write today regarding a scary subject: unregistered intellectual property. The horror! Ask any IP professional about registration, and you’re likely to hear that registration is one of the most important steps in protecting IP. Whether it is a patent, trademark, or copyright, registering IP often provides the IP owner
This is Not the Statue You’re Looking For: The Post Office’s $3.5 Million Copyright Mistake
— Jessica Gutierrez Alm, Attorney
Earlier this month, the United States Postal Service (USPS) was ordered to pay $3.5 million in damages to a sculptor for copyright infringement.
Seeking a unique redesign for its “Forever” stamps, the USPS searched stock photos for images of the Statue of Liberty. They found a particularly striking photo
Copyright Law on Embedded Images Gets Blurrier – Goldman v. Breitbart
A few months ago, a federal district court in New York held that several publishers violated a photographer’s copyright when they embedded a photograph from one of the photographer’s Twitter posts. Goldman v. Breitbart News Network, No. 17-CV-3144 (KBF) (S.D.N.Y. Feb. 15, 2018). The photographer, Justin Goldman, had sued Breitbart News Network, TIME Inc.,
Tattoo Artists’ IP Rights Only Skin-Deep
— Jessica Gutierrez Alm, Attorney
WWE wrestler Randy Orton has some unique ink on his arms and back, created by tattoo artist Catherine Alexander. Orton—and his tattoos—are featured in the WWE 2K video games. Alexander claims ownership of copyright in the tattoos, and is suing WWE and the makers of the video games for
Boldly Going Where no Fanfic has Gone Before
— Jessica Gutierrez Alm, Attorney
Fanfiction refers to the art of creating fiction using another author’s characters or universe. I was first introduced to the concept in high school, when a friend began writing Harry Potter fanfiction. (Side note: this is not one of those situations where the “friend” is actually me.) My friend used
Fear and Loathing on the Creative Trail
– James Mahoney, Razor’s Edge Communications
Somebody might steal my ideas.
I’ve heard this consistently over the years, including in a few conversations this past month.
One was with a woman who wants to market her art as greeting cards, but is certain that the “big” card companies would copy her ideas and elbow her
Content Infringement in the Age of Social Media
– Debbie Laskey, MBA
These days, as newspapers and magazines are on the wane, it seems as if anyone who can write has become an online journalist to promote his or her area of expertise. In social media lingo, the title is now known as a “blogger.”
According to Wikipedia, “A blogger is a
Tastes Like Chicken, Not a Copyright
-Wes Anderson, Attorney
A common refrain: “There must be a way to protect this idea, either by trademark or copyright.” Regrettably, in many instances, the answer is “none of the above.” Take, for example, the humble chicken sandwich.
Late last week, a three-judge panel at the Court of Appeals for the First Circuit upheld a
Beme, or BeHBO / BeShowtime / BePayPerView?
-Wes Anderson, Attorney
It has been a tumultuous year for copyright owners. The old cliche is “if you love something, set it free,” but it seems plenty of third parties are happy to take on that task when it comes to copyrighted content.
Now that mainstream smartphones allow anyone to capture high definition video, mobile