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A FEW TIPS re managing copyright, trademarks and intellectual property  [Please note, the postings on this blog are for informational purposes only and do not constitute legal advice]   ...follow and subscribe to this blog on wordpress

Entries in Copyright (99)

Wednesday
May202015

It is a MYTH that Copyright Registration is Expensive

News of Target copying a t-shirt design from SandiLake Clothing (a small business started by a creative and entrepreneurial young woman) …broke my heart because the designer, Ms. Lay, evidently stated that she did not have her design copyrighted due to the “high cost” of copyright.

IT’S A MYTH that copyright registration is expensive!  Applying for Copyright Registration is not expensive folks.  Applying for for Copyright Registration costs $35-$55Instagram design CR.

My heartbreak is somewhat abated by the fact that Target has pulled the copy-cat shirts off their shelves.  Evidently, Ms. Lay launched a clever social media flurry by posting a photograph of herself in a Target Store wearing her original shirt and holding a copy-cat shirt being sold at Target and appealing for support of mom-run businesses.  (The photo is inserted to the right).

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

See also: other blog posts on related topics –  “Copyright Protection Only Costs $35″ or As of 5/1/14 “Some Basic Copyright Claims now cost $55; “How to Write a Copyright Notice And Why To Use It“; “How to use the ®, TM, SM, © symbols for trademark and copyright“; “Copyright Is Valuable, ‘The Birthday Song’ Earns $2 Million a Year In Royalties“; #smallbiz #valueyou #valueyourart; @ iplegalfreebies and www.iplegalfreebies.wordpress.com.

Tuesday
Apr282015

Flaunt Your Originality (originality is key to copyright)

While speaking to a group of visual arts students recently, a recurring theme was to FLAUNT YOUR ORIGINALITY and savor using your original work.  We had a heart to heart moment that went something like this:FullSizeRender (2)

You all are an incredibly talented group of people.  You wouldn’t be sitting here in this room, in a prestigious art school, if you hadn’t already proven how talented and artistically creative you are.  When you create a montage or a creative work, make every bit of it original.  You want your work to show every person who sees it how talented YOU are.  Use your gifts.  Pitch your genius.  Tap into your creative talents and let your originality shine.

This heart to heart moment arose spontaneously in response to a question about originality being a fundamental element of copyright and the fair use exceptions to copyright.  (In my opinion, original work created by talented folks is always best.  Don’t even think about how or when a fair use exception may apply.  Just flaunt your original work).

Originality is key to securing copyright protection under U.S. Copyright Law.  Section 102 of the U.S. Copyright Law includes “original works” within the general definition of copyrightable materials.  Here is the text of Section 102(a):

(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works. [Full text of U.S. Copyright Law is available at www.copyright.gov/title17/circ92.pdf].

Today I am flaunting my originality with a flower arrangement of daffodils and parsley on my desk.  (Pictured above).

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

See also: “How to write a © Copyright Notice and Why to Use it” at http://wp.me/p10nNq-18 An outline of the topics covered in my discussion with art students on copyright is available at http://www.kasterlegal.com/iplegalfreebies/2015/4/6/copyright-contracts-outline.html ; U.S. Copyright Office Circular 1 on Copyright Basics at http://www.copyright.gov/circs/circ01.pdf; @iplegalfreebies and www.iplegalfreebies.wordpress.com.

Monday
Apr062015

Copyright & Contracts Outline

How To Write a © Copyright Notice --> http://wp.me/p10nNq-18

TATS Cru Graffiti Mural (Uses © right!) --> http://wp.me/p10nNq-ga

Brokenhearted Over Not Properly Copyrighting Work --> http://wp.me/p10nNq-vf

Copyright Protection only costs $35 --> http://wp.me/p10nNq-13

Copyright ownership/Monkey Self Portrait --> http://wp.me/p10nNq-b5

Inadvertently Give Rights Away By Posting Online?  --> http://wp.me/p10nNq-Dr

Exhibition Featuring Instagram Photos? --> http://wp.me/p10nNq-En

Copyright and Transformative Use --> http://wp.me/p10nNq-dv

Copyright Protection starts automatically --> http://wp.me/p10nNq-7H 

Get agreements signed --> http://wp.me/p10nNq-2g   

Unleashing viral whiplash instead of a lawsuit --> http://wp.me/p10nNq-sG

 

Other Topics:

What do you do if you get a Cease and Desist Letter --> http://wp.me/p10nNq-1B

Works in the Public Domain are Free to Use --> http://wp.me/p10nNq-ft

Google Images search tool -->  http://www.google.com/imghp

Fair Use --> http://wp.me/p10nNq-3R

Social Media --> http://wp.me/p10nNq-er

Photo Releases --> http://wp.me/p10nNq-J

All Media Use --> http://wp.me/p10nNq-2B

Copyright registration: the US Copyright Office --> http://www.copyright.gov/

Thursday
Mar122015

Quote Brahms: Any ass can see the similarities with Beethoven’s ‘Ode to Joy’

A page from Beethoven’s manuscript for his 9th Symphony available at www.wikipedia.orgThe program notes for a recent concert of Brahms Symphonies No. 1 & 3 contained an admission by Brahms that the “big string section” in the finale of his first symphony was similar to Beethoven’s “Ode to Joy.”  Evidently, when Brahms was confronted about the resemblance, he replied, “Any ass can see that.”  I’m not sure how this quote has managed to survive almost 200 years, but it’s a fascinating example of an admission to copying another artist’s work. [Today this would be an example of admitting to copyright infringement by copying another artist’s work and/or creating a derivative work based on another artist’s work].  While the Brahms’ quote may seem comical, it is not so uncommon today for similar admissions to be made to the media or on social media regarding plagiarism or copyright infringement.  Often this type of admission is made off-the-cuff by an artist who has copied another artist’s work without any thought being given to a possible copyright infringement claim.  Yet, when the copyright infringement claim surfaces it may be difficult to overcome because of the prior admission.  Admissions made off-the-cuff, even in a slightly comical tone or on social media can have detrimental repercussions.

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

See also: U.S. Copyright Office Circular 1 on Copyright Basics at http://www.copyright.gov/circs/circ01.pdf; NY Times, What’s Wrong With the ‘Blurred Lines’ Copyright Ruling at www.nytimes.com; Carnegie Hall calendar and announcement of the Vienna Philharmonic Orchestra playing Brahms Symphony No. 1 at www.carnegiehall.org/Calendar; @iplegalfreebies and www.iplegalfreebies.wordpress.com.

Friday
Feb272015

Rosita Missoni: Queen of Zig Zag (PS fabric designs are Copyrightable)

“There are few people in fashion that are an institution like Rosita Missoni, she is not only the head of one of the most successful Italian houses but the Queen of a very beautiful family. With her late husband Ottavio they founded what today is one the most successful Italian houses thanks to their unique knits and colors.”

Reading this (which was posted on www.violetapurple.com by Yavidan) brought the COPYRIGHTABILITY of unique and original fabric designs and weaving designs to mind.

It’s true, unique and original fabric designs and weaving designs are eligible for U.S. copyright registration.  In the U.S., they are registered as a “work of visual art.”  To apply for copyright registration of an original fabric or weaving design, either a color photo of the complete design or a fabric swatch showing the complete design may be submitted along with the application for registration and payment of the filing fee. (The general filing fee is $35 or $55).

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com

See also: www.violetapurple.com for Yavidan’s post on “Rosetta Missoni: Queen of the Clan”; other blog posts on copyright at https://iplegalfreebies.wordpress.com/category/c-o-p-y-r-i-g-h-t/U.S. Copyright Office Circular 40 on Copyright Registration for Pictorial, Graphic, and Sculptural Works including fabric designs at http://copyright.gov/circs/circ40.pdf ; U.S. Copyright Office Circular 40A on Deposit Requirements for Registration of Claims to Copyright in Visual Arts Materials at http://copyright.gov/circs/circ40a.pdf;  @iplegalfreebies and www.iplegalfreebies.wordpress.com.