Does a Primate have a Copyrightable Interest in its “Selfie”?

By Christina Severino | amdlawgroup.com
Recently, the Wikimedia Foundation was asked by British nature photographer David Slater to remove a “selfie” photograph taken by a primate with his camera. The Foundation refused, reasoning that because animals cannot hold a copyrightable interest, the images were in the “public domain”. As a result, Mr. Slater will likely pursue a legal action against the Foundation because the individual who uploaded the photo has not been located. His proposed argument is that the primate served as his assistant, thus affording him the copyright interest in the photos uploaded.

Why Solopreneurs Need Trademark Protection

Why Solopreneurs Need Trademark Protection

Your trademark, like your name, is your identity, because, as a solopreneur, your business is yours and yours alone. And unlike your personal name, which you most probably did not choose, you worked and thought long and hard before you decided on your business trademark. You should have chosen a name that is unique, and that cannot be confused with the trademark of any other business, whether in a field similar to yours or those that have nothing at all to do with what you do. Now, you need to make sure that it is protected so that it belongs only to you, and so that when you decide to pursue other opportunities, you can even sell your trademark along with your other business assets.

Virginia Man Pleads Guilty to Criminal Copyright Infringement – International Intellectual Property Law – Case Study #15

Jeramiah B. Perkins of Virginia, the alleged leader of an online piracy group, IMAGiNE, has pleaded guilty to conspiracy to commit criminal copyright infringement. Criminal copyright infringement is a serious crime; criminal copyright is the subject of the warning labels you view before the start of a movie. You know, those messages after the previews. Most people fast forward past the warnings, however, misappropriating and making copies of copyrighted materials is illegal.

Amazon’s Merchandising and Trademark Law

Muti Time Machine Inc, v. Amazon.com deals with the question of whether Amazon’s search results violate trademark law. Multi Time Machine sued Amazon for copyright infringement. For those of us who are familiar with Amazon, we have probably found ourselves searching for something on Amazon, adding it to our shopping bag, and then proceeding to find another ten items we would also like to buy. There is no doubt that Amazon benefits customers in the way that it offers complementary and competitive products. On the other hand this does not make many trademark owners happy as they may loose the purchase to a competitor

Rihanna Comes Out on Top in Topshop T-shirt Lawsuit

The history of celebrities suing over the unauthorized use of their images on merchandise for the most part has not been a successful one despite the frequency of such occurrences (see the Peter Fonda, Dolce & Gabbana Easy Rider t-shirt case), so Rihanna’s won case may provide precedent for similar disputes in the future. However, her case has been analyzed and characterized as driven very much by the facts and specifics of its context. As the justice noted, there is “no such thing as a general right by a famous person to use control the reproduction of their image”, and besides, the image rights would have belonged to the photographer who took the photo.

Resale of Books and Copyright Law being heard by the U.S. Supreme Court

Originally posted 2012-11-07 17:55:50. On Monday October 29, 2012, the United States Supreme Court heard arguments of a copyright infringement case dealing with whether or not copyrighted goods made outside the United States can be resold in the U.S. without first attaining permission from the copyright holder. The case has garnered the attention of such […]

Protecting Your Manuscripts for Reality TV

By Diana Chan | amdlawgroup.com
Have you completed a manuscript for a reality tv show? In addition to federal copyright protection, Secure Script Registration with the Writer’s Guild of America can help writers protect their manuscripts associated with radio, film, and TV. Through the Writer’s Guild of America, authors protect their works by establishing legal evidence of the completion date of their original work and their prior claim to authorship–useful aspects against infringers.

TRADEMARK INFRINGEMENT versus PUBLIC DOMAIN

By Eliana Rocchi | amdlawgroup.com
The expression “Public domain” is generally used with reference to the works that belong to everyone and are available for public use. The concept comes from copyright law. It identifies those creative works that are not protected by copyright and thus may be used freely by the public. In other words anyone can copy them or modify them or generally use them in any way they wish.

Who Owns the Rights to the “Happy Birthday” Song?

Who Owns the Rights to the “Happy Birthday” Song?

In a recent suit against Warner/Chappell, the current owners of the copyright to the famous “Happy Birthday” song, plaintiffs Good Morning to You Productions Corp. called the validity of the copyright into question. The California federal judge overseeing the case has since ordered the parties to provide more evidence regarding the alleged abandonment of the copyright.

It may surprise some to know that this popular song, consisting of a six-note melody and accompanied by a six-word set of repetitive lyrics, is protected by copyright law.