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Copyright Law Archives

Is your creation a work for hire?

When a work is created, there are generally a number of rights that also arise with the creation of the work. If the person or persons who created the work did so independently, then the rights belong to them. However, in some circumstances, the copyright to a work may not automatically belong to the individual or individuals who created it. This is usually true when a piece of work is created as a part of employment. This is generally known as a "work for hire."

Do I own a copyright?

Copyright infringement is a complicated matter, governed by a very specific set of laws. If you believe that some party or another may be infringing on your creative work, you should consider consulting with an experienced intellectual property attorney. Before you can move forward with an infringement case, you must establish that you properly hold the copyright in the first place, which may be more complex than you think.

Circuit court dismisses copyright case

Securing and protecting the rights to your intellectual property is often not as simple as you might hope, and in many cases it is the details that make all the difference. In a recent decision for the U.S. District Court for the Southern District of Florida, a judge dismissed a claim of copyright infringement because the plaintiff did not properly plead compliance with a requirement.

Lawsuit: 3 Conan O'Brien jokes possibly pilfered from blogger

"The most surprising thing to me about this lawsuit is that it was filed in the first place," comments a law professor about the recent allegations that a number of jokes appeared on the "Conan" show after already appearing on a comedy writer's blog. "When you're talking about accusations of infringement dealing with fairly low-dollar-value creative work, we don't see a lot of litigation."

Does the Register of Copyrights bill politicize a critical job?

The House of Representatives just voted 378 to 48 to pass H.R. 1695, the Register of Copyrights Selection and Accountability Act of 2017, which makes the U.S. Register of Copyrights a presidential appointee requiring confirmation by Congress. Proponents argue that the change merely reflects the increasing centrality of copyrights in the Internet Age. Opponents of the bill say it does no such thing and vow to fight it before the Senate.

'Who's On First?' copyright case may be headed for Supreme Court

It's one of America's most venerable Vaudeville comedy routines. Abbott and Costello's "Who's On First?" started getting people laughing about 80 years ago. The amusing play-on-words routine about baseball was first on radio, but then appeared in the film "One Night in the Tropics" in 1940.

Copyright law protects design elements on cheerleader uniforms

Last month, the U.S. Supreme Court ruled that design features on cheerleader uniforms may be eligible for Copyright protection. In addition to resolving a current dispute between Varsity Brands, Inc. and Star Athletica, L.L.C., the decision also will have future implications on Copyright and fashion law.

Sirius XM wins Copyright battle with The Turtles

On February 16, Sirius XM Holdings Inc was granted a dismissal of a Copyright lawsuit pertaining to songs by the 1960s band The Turtles and other artists. The lawsuit was filed against them by Flo & Eddie Inc, a corporation owned by two original members of The Turtles, who are best known for their song "Happy Together."

How to protect your work as a photographer

Thousands of people around the country consider themselves amateur photographers, but there are some who call it a profession. Because you are a professional photographer, you rely on your photos to make a living. You probably display your work online through websites and social media pages. While online marketing is necessary to gain new clients, it could spell trouble if you don't take the right steps to protect your work.

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