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Copyright

A Harlem Shake Infringement

Originally posted 2013-03-12 20:55:56. By Tasha Schmidt | amdlawgroup.com Have you heard of the “Harlem Shake?” The “Harlem Shake” is more than just a really popular video. Voices being heard in the background of the viral Internet hit on “Harlem Shake,” have caused quite the uproar. One of the individual’s whose voice can be heard […]

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You Can’t Have My Blessing…Or The Music!

By Breanna Pendilton | amdlawgroup.com
Copyright law is founded upon the theory that it will promote and incentivize new works, while also giving credit to the originator.  But what happens when the owner of that work, will not share it?  Does that promote and incentivize new works?  Lifetime has recently announced its plans to make a biopic of the late singer Aaliyah, who died tragically in a plane crash at the age of 22 in 2001.  Her family, who was not contacted about the biopic, is not happy, and feels as if Aaliyah’s life was enough of a story to be told on the big screen.  But what can they really do right?  I mean, Aaliyah’s life, itself, is nothing but a bunch of facts.  In the eyes of copyright law, facts are not copyrightable, and Aaliyah’s family does not own her life story.

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Copyright Protection for Graffiti a/k/a Street Art

The esteemed author William Shakespeare once said, “A rose by any other name would smell as sweet”. Does that same idea apply to the copyrightability of street art?

The term street art is defined as any visual work created in public locations. Some common media include spray paint, stencils, sticker art, street installations, and sculpture. However, the legality of this street art becomes a problem when it is not commissioned. Most call this unauthorized street art, graffiti–or even vandalism. These different ways to describe street art have led to a divide within the legal community.

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Getting Out of the Weeds: Why Cannabis Products Can Be Patented but not Trademarked

Cannabis is legal for recreational or medicinal use in almost 30 states, and this number is likely to grow. However, cannabis remains illegal under federal law. As a result, the United States Patent and Trademark Office (USPTO) will not register trademarks for retailers of cannabis, or for products that contain cannabis.
However, what is especially interesting is that the USPTO will grant patents involving cannabis and its derivatives. More simply put, cannabis is patentable. Examples of cannabis-related patents include drug formulations, methods of treating sickness and disease with cannabis, and even cannabis plant patents. So why is cannabis patentable, even though federally it is illegal?

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I Wrote This On A Public Wall…. But, You Still Can’t Use It!

Miami artist David Anasagasti (or “Ahol” as most people call him) has recently filed copyright infringement against clothing retailer American Eagle Outfitters. No, they did not steal his clothing designs or illegally use his music in their stores or advertisements (which would be the normal copyright infringement claim against a retail store).

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Are You Collaborating or Just Copying?

Let’s be honest! Some of the best music you’ve ever heard are music collaborations. It’s one of the best ways that you can make your work original, but it is also one of the most dangerous ways to have your work stripped from you (That is, if you do not adhere to the rules of copyright law). Before remixing, sampling, and/or collaborating on music, here are four things you should know.

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Making a Case for Modern-day Copyright in Court and in Congress

This week, copyright issues received considerable federal attention both in the Ninth Circuit of the US Courts of Appeals on Wednesday and in a hearing by the U.S. House of Representatives’ House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet on Thursday. While the court ruled that digital video recorders that automatically

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Robin Thicke Sues to Clear “Blurred Lines” from Copyright Claims

Robin Thicke and co-writers Pharrell Williams and Clifford Harris of this summer’s pop anthem, “Blurred Lines”, filed a lawsuit on August 15 in response to accusations by Marvin Gaye’s family and Bridgepoint Music, Inc. that the hit copies from Gaye’s 1977 single “Got to Give It Up” and Funkadelic’s 1974 song “Sexy Ways”. Bridgepoint Music owns some of the copyright for Funkadelic’s music. The Gayes and Bridgepoint have threatened to sue if the artists do not pay a monetary settlement, so Thicke, Williams and Harris are seeking declaratory relief from a Californian US District Court that would protect their from the defendants’ claims.

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013: Using Photos In A Way to Lessen Copyright Violations

In this episode, we discuss how to use photos in a way to lessen copyright violations.

The lead-off quote:

The best thing about a picture is that it never changes, even when the people in it do.”

— Andy Warhol

Always ask permission to use a photo.

The first step in legally obtaining copyrighted images is to simply ask permission from the owner. It’s very important that you make sure the person you’re asking has the rights to license the image.

You’re going to want to explain how you’re going to use it and give them a URL of where it is going to go. If they agree, they may insist on strict guidelines for the use of the image. They may only let you use that one image in that one instance, so it’s important to know what parameters you can use the image in before you give it many purposes.

Other things to keep in mind are that the owners might ask you to pay a fee when you request their permission for their material. Finally, but maybe most importantly, you should ask well in advance before you plan on putting the image on your site. Allow yourself time to obtain sufficient permissions.

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Fight OVER Evil: The Yankees Win A Lawsuit

Originally posted 2013-02-25 14:50:17. The Yankee’s successfully took an intended insult and created something great when they adapted to the title “Baseball’s Evil Empire”. When Red Sox CEO Larry Lucchino threw the phrase at the team in 2002, he probably did not predict that it would help them win a lawsuit.             With the help […]

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International Takedown Request not Working – International Intellectual Property Law – Case Study #4

A report from the UK’s IP Crime Group says that the British Recorded Music Industry has found and removed 4,298,729 illegally hosted digital music files back in 2011. The group also removed 61,232 illegally hosted digital music files in the UK alone. The Publishers Association has so far issued over 200,000 takedown notices to over 5,200 infringing domains with about a 90% removal success rate (Peoples).

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Oscar Statues and Copyright Infringement

Originally posted 2013-03-07 17:10:31. By Tasha Schmidt | amdlawgroup.com If you were thinking about having an Oscar themed party and furnishing it with replicas of the iconic gold Oscar statues, you should probably think twice. The Academy of the Motion Picture Arts and Science has a reputation for defending their copyrights and trademarks. And this […]

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Coke’s “Zero” victory in the U.S. Patent and Trademark Office

A three-judge panel on the U.S. Patent and Trademark Office Trial and Appeal Board (“TTAB”) granted Coca-Cola rights to trademark the term “Zero” for its soft drink products. This decision was a major victory for the company. Since 2003, Coca-Cola has been trying to win exclusive rights to the no-calorie beverage brand name-and they finally hav

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Trump’s Copyright Battle with Queen

With GOP nominee Donald Trump’s recent antics and remarks, it does not come as a shock that Queen is less than pleased and trying to fight back against Trump’s use of the band’s famous hit “We Are the Champions.”

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