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.
Copyright exists the moment something is put in a tangible form. It is an exclusive legal right, a form of protection provided by the laws of the United States for “original works of authorship”, including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations. The length of time that a work is protected by copyright for a work first published after January 1, 1978, is the life of the author plus 70 years.
Originally posted 2013-03-13 19:01:49. By Tasha Schmidt | amdlawgroup.com As many people’s wallets are getting tighter it seems more people are sacrificing buying genuine luxury goods and instead are investing in fake fashion goods. Counterfeit fashion and brand imitation is going on all over the world. Some people may unknowingly be buying fake products, as […]
A copyright defined as “a form of protection provided by the laws of the United States for “original works of authorship”, including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations.”
Applying and receiving a trademark is a daunting task and requires time and precision to ensure you do not face litigation for trademark infringement and other problems in the future. Understanding the basic requirements of what to look for when you are considering applying for a trademark, and what the United States Patent and Trademark Office (USPTO) looks for is critical from the beginning.
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.
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.”
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.
By Breanna Pendilton | amdlawgroup.com
As an author, it is ultimately your goal to make your work unique and original. One way to make your work extremely original is to combine your ideas with that of another writer and/or editor to create a joint work. As the saying goes, “Two authors are better than one!”
he U.S. District Court of Appeals for California ruled against SiriusXM last week for airing music produced prior to the 1972. The laws of federal copyrights after 1972 expanded to cover master recordings. The lawsuit was filed by band songwriters Flo & Eddie of the Turtles. They sought $100 million in damages from the satellite radio company.
8 Mile Style, a song publisher for Eminem, filed a lawsuit in May against Facebook and Wieden & Kennedy, the advertising agency behind Facebook’s “Airplane” commercial for copyright infringement. The copyrighted song in question is “Under the Influence”, a collaboration piece between Eminem and rap group D12 off “The Marshall Mathers LP”, Eminem’s third and most successful studio album to date.
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 […]
Originally posted 2013-03-08 22:33:42. By Tasha Schmidt | amdlawgroup.com Many people feel like Washington needs to give more attention and priority to intellectual property rights. Especially this time of the year as the Academy Awards has just happened, it seems like a good time of the year to recognize the billion of dollars that Hollywood […]
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).