Copyright infringement can be a serious — and costly — violation. And often, infringers are people who intentionally misuse someone else's protected work without permission and without paying for the right to use, reproduce or distribute copyrighted materials....
What to know about creating derivative works
Artistic works are more accessible than ever before. Individuals can share their creations across the world in a single upload to social media. Having this platform can launch an artist's career, but it also leaves them vulnerable to copyright disputes regarding...
A new year, new opportunities in public domain
The first day of a new year marks a new beginning and new opportunities. And it is not just a time to make resolutions; it is also a time when copyrighted materials from decades ago enter the public domain. Suppose you are the owner of a copyright or are interested in...
Can movements be copyrighted?
Technology industries are often at the heart of intellectual property disputes. After all, it is an industry where innovation and creativity are vital to just about every company's success. However, artistic enterprises also thrive or fail on those same components....
Prescription for copyright protection: Register stat!
Copyright protection generally takes effect as soon as you create an original work, but it might not be as extensive as you think. To get the full protection, including the ability to sue for infringement, you must register your work with the U.S. Copyright Office —...
Food for thought: Court rules banana costume is copyrightable
In 2017, the U.S. Supreme Court in Star Athletica, L.L.C. v. Varsity Brands, Inc., established a two-part test for analyzing which elements of a piece of clothing are design elements protectable by copyright and which are nonprotectable functional elements. The U.S....
Third Circuit rejects copyright presumption in favor of permanent injunctions
After securing a copyright infringement verdict, it should be easier to obtain a permanent injunction against the infringing party, right? Not so in several jurisdictions. The U.S. Court of Appeals for the Third Circuit has now made it harder for copyright holders to...
Tips for protecting your content on social media
Businesses and individuals can easily build brands and share ideas through platforms like Facebook, Instagram, Snapchat and TikTok. While these capabilities are undoubtedly powerful, they could also create problems when it comes to using other users' content without...
Negotiating IP ownership when starting a new job
If you write, perform, compose or invent things for a living, even as a side hustle, you need to be diligent about protecting your work. These projects often demand a part of you, making it especially upsetting to see others profit from your work unfairly. As such, it...
IP due diligence in corporate transactions
The strength of a company’s intellectual property portfolio often drives the value of corporate transactions. Regardless of whether you are the acquisition target or the buyer in a transaction involving IP, the due diligence process should be designed to reveal the...