Category Archives: Copyright Litigation
Sarah Silverman’s AI Lawsuit Raises Important Copyright Infringement Questions
Comedian Sarah Silverman and two other authors are suing Meta and ChatGPT-maker OpenAI for alleged copyright infringement. The two lawsuits allege that the large language models that power AI were trained on copyrighted materials from their books without their knowledge or permission, which were likely stolen from a “shadow library” of pirated works. The… Read More »
Copyright Vs. Trademark
Copyrights and trademarks are fairly common terms when discussing ownership of intellectual property. But what is the difference between the two and what are they used for? One easy way to think about it is that copyrights primarily protect the rights of people who create while trademarks mainly protect the use of a company’s… Read More »
Ed Sheeran Found Not Liable In Copyright Infringement Case
Ed Sheeran’s copyright infringement trial has come to a close, with the artist being found not liable in engaging in willful copyright infringement. In the case, Sheeran was accused of copying Marvin Gaye’s song “Let’s Get It On” in his hit “Thinking Out Loud.” The lawsuit was filed by the heirs of the former… Read More »
Keywords And Trademark Infringement
It is easy to forget how often today’s search engine optimization (SEO) techniques and keyword advertising can end up in court, often over matters related to intellectual property. Such was the case with two large eyeglass manufacturers, and the use of keywords. Keyword Use If you were advertising for your company, you probably would… Read More »
Copyright Problems For The Studio That Made The Recent Top Gun Movie
When it comes to copyright infringement, and making sure that you have the correct licenses and permissions to use others’ intellectual property, you would think that multimillion dollar movie studios always get it right. But even they aren’t free from infringement lawsuits, as Paramount is now finding out after being sued after the release… Read More »
Is Your Business Violating Copyright Laws On YouTube?
Does your business rely on YouTube? You can’t sell anything directly on YouTube, but for many businesses, YouTube drives sales, promotions, and is the lifeblood of communication between the business and the general public. If you are on YouTube, you need to be aware of potential intellectual property (IP) problems that go along with… Read More »
Understanding The Different Kinds Of Intellectual Property
When people talk about intellectual property (IP), they usually talk about copyrights, trademarks and patents, without knowing exactly what the difference between them actually are. Your business may actually have interests in all three, or need to protect all three, so it’s a good idea to understand the differences between them. IP and Your… Read More »
Don’t Forget These Things In Your Trade Secret Agreements
In your business you probably have a lot of trade secrets, and you are probably aware of the need to protect those trade secrets. You may even have employees or other outside agents sign agreements promising to protect your trade secrets from disclosures. But there are certain elements that every trade secret agreement should… Read More »
Make Sure Your Business Doesn’t Infringe On Another’s Intellectual Property
If you start a business, you will name your business, and perhaps think of a slogan or saying. You may not give much thought about intellectual property—copyrights or trademarks—but if you aren’t careful, you can end up on the wrong end of a major intellectual property lawsuit by another company that holds the idea,… Read More »
What Is An NFT?
Many business contracts and agreements provide protections for intellectual property, or deal with issues that relate to intellectual property, such as trade secrets. But IP law is always evolving or changing, and the development of NFTs, or non-fungible tokens is no different. What is an NFT Anyway? NFTs are important if you produce or… Read More »
Marvel Lawsuit Highlights The Work For Hire Doctrine
When you create a work when you are employed, the work you create is generally called a work for hire. This means that although you created a potentially copyrighted work, it isn’t really yours—it belongs to your employer, as creating it was part of your job duties. Comic Book Creators and Copyright Disputes Nowhere… Read More »
The Basics Of Licensing Agreements
You’ve probably heard of licensing agreements. But what are they? And how can they be helpful to your business? Why Use Licensing Agreements? Unlike selling something on your own—such as software, or intellectual property—you give someone else permission to use it or sell it, and you share, to some extent, in the profits. Licensing… Read More »
Why Registering Your Copyright Is A Good Idea
When you create any kind of intellectual property, it is yours from the moment of creation. Just like that, your poem, painting, song, character, or novel is yours, and nobody else can take it, claim it as their own, sell it, or even make some kind of work derived from it. Except there’s one… Read More »
Fair Use: When Infringement Isn’t Infringement
Copyright infringement can get you in trouble. If you own a copyright that’s being infringed upon, copyright infringement can cost you a lot of money, as your intellectual property is being used, sold, distributed or promoted, without your consent. Either way, respecting copyrights is vital. However, there are certain times when a copyright can… Read More »
Supreme Court Makes it Easier to Trademark Website Names
As a general rule, generic names can’t be trademarked or copyrighted. This makes sense. If, for example, I were to name my company “Computers Inc.” I couldn’t copyright or trademark the word “computers,” thus preventing people from using it. This restriction also limits lawsuits, allows for the media to have freedom to use needed… Read More »
Changes Are Coming to Copyright Laws
It is common in lawmaking for legislators to throw unrelated laws onto popular bills, which are likely to become law. Such is the case with recent changes to copyright laws, which were amended after they were tacked on to a COVID-19 relief bill. You can probably tell that these two topics have nothing to… Read More »
Copyright Protection Extends to Photography
When we create a work of art or a piece of literature, we generally know that it has some kind of copyright protection. It is (presumably) our own creation, and only we are allowed to profit off of our intellectual works. But photography seems like it should be different. After all, you didn’t create… Read More »
Problems With Online Protection of Copyrighted Material
Online providers of content, whether they be YouTube, video sites, message boards, or social media, have no way of screening every single post, comment, video, picture, or advertisement that may appear on their site. Yet, we know that many characters, songs, logos, or literary work, are protected by intellectual property law. How does a… Read More »
When is Derivative Work A Violation of Someone’s Copyright?
It’s probably obvious that companies that own major properties, such as Marvel Characters, or Star Wars Characters, or characters that appear in popular video games, own the rights to sell, distribute, or license likenesses of those characters. That includes the right to distribute and control what are known as derivative works. A derivative work… Read More »
The Batmobile Case is a Good Lesson in Copyright Protection
Pop culture is everywhere nowadays. With the rise of streaming television, to movies that bring to life comic book and science fiction characters, there has been a rise in collectible goods and artwork that seek to sell to the public images related to beloved TV and movie characters. You don’t have to be a… Read More »
