Copyright protects a creative work from copying by someone other than the owner or licensee when the copied work is "substantially similar." Creating a substantially similar copy without permission constitutes copyright infringement.
News and Notes Focused on the 3 Public Faces of IP Law
- Brand Image Protection - Trademark Law
- Visual Image Protection - Copyright Law
- Personal Image Protection - Right of Publicity Law
The Image Protection Law blog has been created in order to share stories and information on the legal aspects of: 1) the marketplace reputation of a company or product captured in its trademark, 2) published or publicly-displayed artwork, photography, and any created visual design, and 3) use of a person's photograph or likeness for product promotion or other commercial purposes.
The "IP3" share at least one thing in common: Image is everything. In these posts let's look at what that means in the realm of intellectual property in the news, but let's also be prepared to explore if there's something more beyond "everything." Don't forget, the intellectual in "intellectual property" doesn't mean smart or brainy, although by nature true creators often are. The word is used to refer to any creation, i.e., a "product of the mind." While this blog will be regularly updated, you are encouraged to share your thoughts on these posts.
Robert Barbera, who photographs celebrities, has sued pop singer Ariana Grande because she uploaded photographs of herself to Instagram that he had taken and posted online. What could be wrong with posting pictures of yourself, even if someone else created them?
After a 108-year lull, the Chicago Cubs won the World Series in 2016. No one who watched the games could argue against the enthusiasm and loyalty of Cubs fans. You might even be able to call some of them obsessed or even -- obnoxious.
On April 24, in a copyright infringement case involving floral lace fabric patterns, the U.S. Court of Appeals for the Ninth Circuit explained what federal copyright law requires when comparing protected and allegedly copied works.