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Creators of Parodies Are Granted Immunity From a Copyright Infringement Lawsuit by Claiming Fair Use

Posted on July 11, 2019
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A parody is defined as a humorous use of an existing song, play, or writing that changes some of the original content to create a laughable, ironic new work. However, the original author may wish to prosecute the parody’s author for copyright infringement. Unfortunately, for many of these original authors, the creators of parodies are generally protected under the “fair use” doctrine. The driving element behind the legality of parodies lies in the first … Read More

How Do I Establish Priority To My Trademark?

Posted on June 21, 2019
trademark priority

We have all had that million-dollar idea in our head. We then brush it aside until we see the plan executed by someone else. We are then left asking ourselves, “Why didn’t I act on it sooner?”. This typical story that may be fantastical to most is the unfortunate reality of those who have an idea for a trademark only to find out they have just missed the boat. When it comes … Read More

How Is Ownership of a Copyright Transferred?

Posted on May 29, 2019
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The owner of a copyright is entitled to certain exclusive rights under the Copyright Act of 1976. These rights include the right to reproduce the copyrighted work, to prepare derivate works based upon the copyrighted work, to distribute copies of the copyright work to the public by sale or transfer of ownership, to perform the copyrighted work publicly through live means or through audio transmission and to display the copyrighted work publicly. When the … Read More

What Is a “Joint Work” and Who Owns Its Copyright?

Posted on May 10, 2019
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A “joint work” is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole. See 17 U.S.C. § 101. A collaborative effort is only classified as a joint work if each author made independently copyrightable contributions to the work and if the authors fully intended to be coauthors. The phrase “independently copyrightable contributions” implies that if all of the authors of the … Read More

Does the Creator of a Copyrighted Work Always Own the Copyright?

Posted on May 6, 2019
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When we create something, we generally want to be given credit for it. A copyright is perhaps the greatest legal method of ensuring that you will receive credit for the work you created. A copyright is the legal term used for the rights given to the owner to reproduce, distribute, display and create adaptations of a protected work. A few types of works that can be protected by copyright are literary works (novels, poems, … Read More

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