Copyright & Trademark Matters Insights and Developments in Copyright and Trademark Law

Tag Archives: Copyright

DOES A VALID COPYRIGHT EXIST IN THE SONG “HAPPY BIRTHDAY TO YOU”?

Posted in Copyright, Copyright Infringement, Music, Public Domain

Written by: Joseph M. DiCioccio Ownership of a copyright in one of the most popular songs in the English language has recently been challenged in several lawsuits around the country.  At the heart of the dispute is whether the music publisher Warner Chappell legitimately owns a copyright in, and thus has the right to license… Continue Reading

U.S. Supreme Court Hears Arguments in the First Sale Case

Posted in Copyright, Copyright Infringement, First Sale

Written by Susan Neuberger Weller Despite Hurricane Sandy, the US Supreme Court heard arguments on Monday, October 29, 2012 on whether the “first-sale doctrine” of US copyright law applies to goods made outside the US. The substance of the case, as we reported to you previously, is the specific language in the first-zero rule which… Continue Reading

Just Because You Can Copy It Does Not Mean That You May Copy It

Posted in Copyright, Copyright Infringement, Damages, Digital Millenium Copyright Act, Fair Use, Pinterest, Safe Harbor

Written by Susan Neuberger Weller In a number of recent cases, individual photographers have successfully sued third parties for unauthorized reproduction and use of photographs, particularly those from stock photography sources. Courts have found third party liability for willful and innocent copyright infringement for the use of individual photographs and have awarded damages to copyright… Continue Reading

Copyright Owners Using DMCA To Take Down URLs

Posted in Copyright, Copyright Infringement, Digital Millenium Copyright Act, Notice and Takedown, PIPA, SOPA

Written by Susan Neuberger Weller At a conference held June 18 at Stanford University Law School – The 9th Annual Stanford Ecommerce Best Practices Conference – it was reported that copyright holders are increasingly using the Digital Millennium Copyright Act’s (“DMCA”) notice and takedown procedures to address copyright infringement on websites.

Pinterest Announces Changes To Its Terms Of Service

Posted in Copyright, Copyright Infringement, Pinterest

Pinterest, the latest social media craze, announced on Friday night in an email to users that it intended to make certain changes to its Terms Of Service.  The changes will not go into effect until April 6, 2012.  Pinterest has come under fire for allowing (or arguably encouraging) its users to infringe the copyrights of others… Continue Reading

Copyright Lessons from the Campaign Trail: Romney, Gingrich and Fair Use

Posted in Copyright, Copyright Infringement, Fair Use

This Republican primary season has provided lots of fodder for political blogs, but it has also provided a few gems relating to — what else — trademark issues.    Now, U.S. copyright law is in the spotlight of the Republican primary campaign.  First, Republican presidential hopeful Mitt Romney is considering whether to pull a television ad that is comprised… Continue Reading

SOPA/PIPA Protest: Internet Blackout (at least Partially and Temporarily)

Posted in Copyright, Legislation, PIPA, SOPA

In response to the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA) pending in Congress, several online resources have decided to make their resources unavailable for a 24 hour period.  Wikipedia, Google, Mozilla, Reddit and others have either literally gone black today or have been converted into protest pages decrying censorship and… Continue Reading