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Supreme Court Uses Cheerleading Case to Support Copyright Protections for Design Features on Useful Articles

Posted on January 17, 2020

There is a fine line between a regular object that is used for practical purposes and one that has its own artistic value with copyrightable properties. One would generally expect there to be a large buffer zone between a chair and a chair with copyrightable designs such as a specific floral pattern. Unfortunately, this is not the case. Therefore, courts are forced to distinguish between useful articles with only practical characteristics and … Read More

What Types of Creative Works Qualify for Copyright Protection?

Posted on December 18, 2019

The first example of copyright law in the United States was the Copyright Clause of the U.S. Constitution. It stated that all authors would be granted exclusive rights to their respective writings in order to promote the expansion of general knowledge. As time progressed, other works of art were added to copyright law. This included paintings, designs, music and photographs. The history of copyright law since then has shown us that the … Read More

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

Posted on July 11, 2019

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

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

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

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