Category Archives: Intellectual Property
Instagram, Food Porn, and Copyright Law
A German court has recently decided that taking photographs of your meal, a practice often referred to as food porn, may run afoul of a chef’s copyright in the food’s artistic arrangement. While that decision does not have a lot of practical impact on people stateside, looking at a similar situation under American copyright… Read More »
Newly Discovered Songbook May End Happy Birthday Copyright
“Happy Birthday to You” has been a traditional fixture at birthday parties for the better part of the last century, which is why it surprises many people that the song is actually covered by copyright law. While people singing at their family birthday parties probably do not have to worry about a cease and… Read More »
Justin Bieber and Copyright Law
A recent federal court decision demonstrates that even musical superstars are not beyond the reach of federal copyright law. A federal appeals court revived a lawsuit against Justin Bieber and Usher for allegedly copying a song Bieber released in 2010 “Somebody to Love.” Importantly, this decision does not mean that Bieber and Usher were… Read More »
Copyright and Characters: When Fictional People Take on Lives of Their Own
Most people know that there is some type of legal protection for creative works like books, music, or movies, but the contours and limits of that copyright protection are a little murkier. For instance, one often litigated area of copyright law is how it applies to characters from creative works. For instance, when J.K…. Read More »
The Pros and Cons of Collaboration: Understanding Joint Copyrights
The modern world is becoming more and more collaborative across the board. Whether it’s a team of independent artists working together to produce a movie or a team of software developers working on a new app, creative endeavors are bringing groups of people together to work on the same project. Naturally, this has important… Read More »
Copyright in the Social Media World
People often think of copyright as a tool reserved for artists and writers, as something that only protects books or music or movies. However, the reality is that copyright protection applies to much more than that. According to the statute, copyright law protects “original works of authorship fixed in a tangible medium of expression.”… Read More »
When You Need Another Person’s Trademark: Fair Use in Trademark Law
Modern companies understand the importance of protecting their brand and reputation, and as such are often quick to dispatch a cease and desist letter as soon as they spot even a hint of potential trademark infringement. Consequently, many people are often hesitant to use someone else’s trademark, preferring to avoid the hassle of dealing… Read More »
Seeing Red: What the Fashion World Has Shown Us about Trademarks and Color
One of the most interesting things about trademark law is its flexibility. The law has adapted to provide trademark protection to a wide variety of objects from the mundane, like words or logos, to the unusual, like live animals. One commonly litigated non-traditional trademark is color. While the ability to trademark a combination of… Read More »
Is Trade Secret Protection Right for Your Business?
Modern businesses have begun to realize that some of their most important assets are completely intangible, things like business reputation or innovative ways of doing things. This has led more and more companies to begin seeking intellectual property protection for their ideas in order to gain an edge over their competitors. When people begin… Read More »
Tattoo Artists and Copyrights
Although tattooing has been around for a long time, it has recently become a more mainstream form of art. In fact, a recent poll shows that over one in five American adults now has a tattoo. As with any burgeoning industry, the law is now struggling to accommodate it. For tattoo artists, one of… Read More »
