The Licensing Lion

We have written in the past about the control that a copyright owner has over the subject of his or her copyright. However, it seems some people aren’t paying attention to the message that they can’t simply use (and especially charge money for) other people’s works without permission. In this case linked to above, there … Read more

Happy 2020!

As we have discussed before, January 1 brings a new year and a new crop of copyrighted works entering into the public domain. This year, works from 1924 become available. We wish you a wonderful, fulfilling new year with lots of great works to build on! A few of my favorites: All these shorts and … Read more

The Legal Status of Mashup Music

I am a pretty big fan of mashup. If you haven’t heard of mashup music before, take a listen to Pandamonium [sic] by the White Panda: https://thewhitepanda.bandcamp.com/track/pandamonium-continuous-mix. “A mashup is a creative work, usually in a form of a song, created by blending two or more pre-recorded songs, usually by overlaying the vocal track of … Read more

Dancing the Fortnite Away

The Copyright Act provides for copyright protection in “pantomimes and choreographic works”, but they have to be fixed in tangible form. According to the Copyright Office, “choreography is the composition and arrangement of a related series of dance movements and patterns organized into a coherent whole”, and pantomime is “the art of imitating, presenting, or … Read more

Fixin’ To Dance

You may have heard that copyright exists in a work as soon as it is created. And you saw a lawyer twitch when you said that. It’s because we want to correct you, but also we don’t want to spoil the cocktail party and get kicked out before the bacon wrapped appetizers arrive. First, whatever … Read more

Inked Up for Copyright

We have previously discussed that ownership of copyright defaults to the creator of work and that someone else can’t just use or duplicate the work without the owner’s permission. So, it wouldn’t be surprising to those who read our blog regularly to hear that some creators are upset that a party has taken their works … Read more

Miles To Go Before We Sleep

January 1, 2019, was a big day. I mean, for one thing, our firm turned 3 years old. No more terrible twos for us! Second, and perhaps with more widespread impact, it was the first time in 20 years that published copyrighted works entered into the public domain in the United States. We have previously … Read more

It All Comes Around

We started on this fair use train to answer a question someone asked me:  When can you use music in videos and podcasts?  I think you can make some guesses as to the answer.  First, you can certainly use music if you get permission from the owner of the music.  Second, there are companies that … Read more

Sorry For Partying

Last week was a bit of a let down, wasn’t it?  Here’s all of these interesting facts, and then thbbt! No resolution.  This week is better.  This one also involves the manipulation of a photograph but with a lot more humor. This time, Sconnie Nation, a t-shirt company, used a photo taken by Michael Kienitz … Read more

When it goes Fairey, Fairey wrong

Fair use is a defense, but it isn’t always a slam dunk winning defense.  Shepard Fairey is a graphic artist and known for street art.  You may not recognize his name, but you likely recognize at least one piece of his work:  The Obama HOPE poster. The photo is instantly recognizable and arguably iconic.  It … Read more