Donkey Kong and King Kong Are Not the Same Ape.

If you’ve read our blog religiously, you’ll know that I often write about intellectual property and video games (or, cartoons). Well, its been awhile, and in 2020, levity is required! So, today, we’re talking about the two most famous (fictional) apes of all time – Donkey Kong & King Kong – and the epic intellectual … Read more

Lawsuit Incoming: “Babylon”

“Chromatica,” the latest album from Lady Gaga, was released on Friday. Have you already listened to it 10x on repeat? Does “Babylon” (Track 16) sound familiar to you? Are you friends with any Madonna fans? Then, you might know about the hubbub already. Before reading further, here are both tracks: Whether this becomes another “Vanilla … Read more

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

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

The End of an Era: Sega of America, Inc. v. Fox Interactive (aka Crazy Taxi vs. Simpsons Road Rage)

Happy Tax Day everyone! (I’m writing this on Monday!) Also, happy Crazy Taxi patent expiration day! If you’re a millennial like me, you’re probably familiar with the Sega arcade game, “Crazy Taxi.” (arcade release in 1999) And…if you were suffering through high school a few years later, I bet you know of that classic Crazy … 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

Berne[d] by Copyright Treaties

In 1886 a bunch of countries got together in one of the most important international treaties in history. Called the Berne Convention for the Protection of Literary and Artistic Works, it was intended to address the evil of cross-border infringement of Les Miserables and The Hunchback of Notre Dame. These books were so popular in … Read more

Don’t Cut, Paste then Pay

Photo: © 2008 flikr, flikr2639, licensed by Creative Commons You are looking for a nice photograph to take your website from “meh” to “yeah!”  After tooling around, you find the perfect one on someone else’s website.  It has everything you could hope for in a photo.  It is pretty, professional, and just the right amount … Read more

Forms Draw a Blank on Copyright Protection

Copyright protects the original expression of an idea, but not the idea itself as copyright protection extends only to “original works of authorship.” That is why we can have lots of books, films, TV movies, songs, and more regarding the life of Marilyn Monroe of varying quality.  The threshold of what is an original expression … Read more