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.

Protecting Your Brand: U.S. Customs and Border Patrol

By Diana Chan | amdlawgroup.com
Last summer, the United States Customs & Border Patrol (CBP) in Los Angeles, California, seized over 16,000 counterfeit Hermès handbags, valued at $295,665. If they were genuine Hermès handbags, the total retail price would have been nearly $211 million. In May of this year, CBP in Jersey City, New Jersey, intercepted 185 counterfeit guitars bearing trademarks such as Gibson, Les Paul, and Martin. The counterfeit guitars were being sold for $200 to $500, while the retail price of genuine models range from $2,000 to $54,000.

Beware of Nicknames and Trademarks

You might think that you are just using an innocent nickname but on the other hand maybe you are not. Heisman Trophy winner Johnny Manziel teamed up with JMAN2 Enterprises LLC in December during football season to trademark, “Johnny Football.” However, neither the company nor Manziel cannot proceed to make money until he is out of the NCAA.

First Step to Federally Protecting Your Copyright

Many people may confuse a trademark and a copyright. A trademark is generally a word, phrase, symbol or design or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.On the other hand, a copyright is the limited period of exclusive rights to copy, license, or otherwise exploit fixed literary or artistic expression.

Counterfeit Fashion

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 […]

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.

SiriusXM Appeals Copyright Ruling

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.

Court Date Set for Facebook Ad, Eminem Song Copyright Case

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.

Prince Rocks The Courthouse: Copyright Protection

Pop music icon and recently deceased recording artist Prince was well known for his legendary songwriting, epic guitar skills, and flamboyant fashion style but also for his relentless pursuit of copyright infringement. In 2007, Prince declared war on The Pirate Bay, a torrent based online music sharing website, and filed a lawsuit which ultimately led to a $3.6 million verdict and even jail time for the website’s operators. Prince had received public backlash on numerous occasions for attempting to takedown fan websites that use his image and likeness.