In recent posts, we've been looking at the intersection of publicity rights and federal copyright protection. As we've noted, an important issue in this area is when federal copyright law takes precedence over state-law rights of publicity. Courts have enforced...
Last time, we began looking at the question of how publicity rights and copyright protection are addressed when there is a conflict between the two. As we noted, publicity rights are generally held to be applicable when a photograph of an individual is used for...
Last time, we looked very briefly at some general points about copyright protection and its importance for authors and artists. One area where copyright protection can get dicey is with photography. While a photographer may have rights to a photograph under copyright...
Copyright protection is an important area of law for authors, artists, and others who regularly produce original works of authorship. Understanding some of the basics of copyright protection is important for such individuals, as is working with an experienced attorney...
If you are a regular viewer of the television sitcom The Big Bang Theory, then you probably are familiar with the loveable quirks of one of the main characters - Sheldon Cooper. One such quirk is Sheldon wanting people to sing the song "Soft Kitty" whenever he is hurt...
They say that imitation is the highest form of flattery, but when it comes to an artist's personal property and creations, this can only go so far. Copyrights are utilized to protect one's intellectual property from others who may try to claim it as their own or even...
While many people appreciate good art, unfortunately, not everyone recognizes that the time and energy that goes into creating these works of art should be compensated. This can lead to the unlawful use of said artwork, or the creation and use of other pieces that are...
Artwork Created for Los Pollos Hermanos logo Visual Image Protection: Mexican artist, Humberto Puentes-Segura, sued Sony for copyright infringement in New Mexico federal court, claiming that the license he granted the "Breaking Bad" studio to use his image was for a...
-1976 Painting by "Peter Doige"- Visual Image Protection: A federal judge in Chicago found in favor of noted painter, Peter Doig, that he was NOT the painter of a 1976 painting of a desert landscape. The plaintiff in the case, Robert Fletcher, a retired correctional...
Visual Image Protection: The U.S. Supreme Court has agreed to hear the case, Varsity Brands v. Star Athletica, discussed in an earlier post, namely, the decision of the Sixth Circuit Court of Appeals that recognized copyright protection for relatively ordinary...
