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.Billboard Magazine reported on May...
Month: May 2019
Copyright, the First Amendment and the right of publicity
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...
Chicago Cubs victorious again! This time, before the TTAB.
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.Right on time for a new baseball...
Striking or substantial similarity in lace patterns
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. In Malibu Textiles, Inc., v. Label...