What is Co-Ownership? In the Supreme Court’s seminal 1884 copyright case, the Court held that an author is the individual who originates, makes and produces the work. Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53, 61 (1884). A joint work is a work created by two or more authors who intend that their contributions form […]
Read moreTag: #copyright
Contracting Checklist for Intellectual Property Co-Ownership Agreements
Creative industries often involve collaborative projects with numerous moving parts, shifting roles, and evolving timelines. Due to this fluidity, it is common for projects to move forward based on informal agreements rather than formal contracts, particularly when resources are limited. In some ways, this flexible approach makes sense as contributors may come and go, and […]
Read moreE-Recordation: Protecting Your Intellectual Property at the Border
Counterfeit goods enter the United States each year in mass, posing health risks and undermining brand value. Recording your products with U.S. Customs and Border Protection (CBP) can offer valuable protection if they are vulnerable to foreign counterfeiting. CBP cannot seize or destroy counterfeit goods at the border without a registered trademark and recordation. Recordation […]
Read moreThe De Minimis Doctrine: When Is Copying Too Trivial?
Although infrequently discussed in the case law, the de minimis doctrine is an important aspect of copyright law that protects creators from claims of infringement for uses of the works of another that would otherwise be considered substantially similar. The doctrine, which allows instances of trivial copying which would otherwise be infringement, comes from the legal […]
Read moreCopyrightability of the Elements of Music Videos and the Challenges of Enforcement
On February 12, 2024, video game developer Epic Games, Inc. (“Epic”), and pop choreographer Kyle Hanagami (“Hanagami”) agreed to dismiss with prejudice a 2022 lawsuit accusing Epic of ripping off Hanagami’s dance moves for use in Epic’s popular video game “Fortnite.” The U.S. District Court for the Central District of California dismissed the lawsuit, finding […]
Read moreNFTs: Are They Securities?
This is the second in a two-part series on the current status of NFTs. The first Insight in the series discusses the evolving, less sensational but more functional approach to the use of NFTs. In part two of the series we explore whether an NFT is a security and, if so, the additional scrutiny and […]
Read moreNFTs: Where Are We Now?
This is the first in a two-part series on the current status of NFTs. The second Insight in the series will discuss the issue of whether NFTs are securities subject U.S. securities laws. In 2021 Art Basel Miami Beach attracted more than 250 international galleries across 36 countries and territories and showcased artworks across all […]
Read moreCompilations v. Individual Copyright Registrations of Photographs
This post is the sixth in a series on Copyright and Photography. Read the first post here, the second post here, the third post here, the fourth post here, and the fifth post here. The Copyright Office (“Office”) registration process for photographs is both cost effective and relatively uncomplicated, while offering a number of forms to address various objectives. […]
Read moreThe Writers Guild of America Strike, the Creative Industry and Artificial Intelligence
Copyright Law
+
Entertainment, Culture and the Arts
+
Privacy, Artificial Intelligence and Cybersecurity
Update: On June 4, 2023, the Directors Guild of America (“DGA”) and the Alliance of Motion Picture and Television Producers (“AMPTP”) reached a tentative agreement, with ratification scheduled for June 6. AMPTP and the DGA have agreed that AI is not a person and therefore cannot be used to replace the duties performed by DGA […]
Read moreInternet Archive’s Open Library and Copyright Law: Third Addendum
This post is an update. Read the original post here, the first addendum here, the second addendum here and the fourth addendum here. Throughout 2020, Lutzker & Lutzker published multiple insights relating to the copyright dispute between Internet Archive and four major publishing companies — Hachette Book Group Inc., HarperCollins Publishers LLC, John Wiley & […]
Read more