Music Subconscious Copying & Giving Credits 8 Mar 202129 Mar 2021 Under copyright law, a work is an "original work," therefore copyrightable upon creation, if one did not copy it from another work. Thus, technically, one can make a song that…
Trademark History of Trademark Law 28 Jan 20219 Mar 2021 1870 - First federal trademark statute enacted: struck down in violation of the Constitution (copyright and patent clause)Trademark Act of 1881 - protection for trademarks used in commerce with other…
© Drafting Royalty Payment Provision in a License Agreement 27 Jan 20217 Mar 2021 If a Royalty Payment Provision is read as a condition to the grant of copyright license and there is nonpayment, the contract will be void and the licensor will be…
© What is Copyrightable? 26 Sep 202025 Mar 2021 Ideas cannot be copyrighted:NEVER. Facts cannot be copyrighted. (Even if you discovered it!) Common characters cannot be copyrighted. (Ex. Pirate with an eye-patch)Fashion design cannot be copyrighted. A sketch of…
© Simple General Story Lines are Not Copyrightable 13 Sep 20208 Mar 2021 “A comedy based upon conflicts between Irish and Jews, into which the marriage of their children enters, is no more susceptible of copyright than the outline of Romeo and Juliet.”…
Music “Blurred Lines” vs “Got to Give It Up” 12 Sep 20209 Mar 2021 https://www.youtube.com/watch?v=yyDUC1LUXSU https://www.youtube.com/watch?v=qhFNY9zW2F4 Williams v. Gaye, 885 F.3d 1150 (9th Cir. 2018) Marvin Gaye's estate alleged Pharrell Williams and Robin Thicke copied Gaye's "Got To Give It Up." The court found…
Fashion Law… “Individual perception of the beautiful is too varied a power” 9 Sep 202027 Jan 2021 Bicks, District Judge. "Individual perception of the beautiful is too varied a power to permit a narrow or rigid concept of art." Mazer v. Stein, 347 U.S. 201, 214, 74…
Fashion Law… “Some works of genius would be sure to miss appreciation” 9 Sep 202027 Jan 2021 Mr. Justice Holmes "It would be a dangerous undertaking for persons trained only to the law to constitute themselves final judges of the worth of pictorial illustrations, outside of the…
Fashion Law… “For a bridal gown becomes the heirloom of the bride” 9 Sep 202029 Jan 2021 Scheindlin, District Judge. "Nor would a recall order cause less prejudice to consumers of infringing dresses who have already worn their wedding dresses, for a bridal gown becomes the heirloom…
©… “A particular expression of the idea of using a lace design is copyrightable” 9 Sep 202029 Mar 2021 Scheindlin, District Judge. "Although the idea of using a lace design is not entitled to copyright protection, a particular expression of the idea of using a lace design is copyrightable."…
Law in Style. 