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
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
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
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
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
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
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
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
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
As we discussed earlier, courts look at the purpose and character of the use for both the original owner and the derivative use. Courts look at how the party claiming fair use is using the copyrighted work. Is the derivative use meant to make money? If so, it is more likely to be found infringing, but if … Read more