Often our clients are faced with the situation in which they intend to pay someone to create copyrightable content for them in connection with their businesses. This arises frequently in the entertainment industry and related tech businesses as well, as it is becoming a common practice to simply hire an independent contractor to create content where it is too expensive, burdensome, or impossible to create such content oneself. For example, companies frequently engage contractors to design their logos and other graphic elements for their company branding and websites. Other content creators, such as filmmakers, television producers, authors, and musicians, engage the services of others to create portions of their final artistic products (writing music, creating animation or illustrations, etc.).
Often our clients are faced with the situation in which they intend to pay someone to create copyrightable content for them in connection with their businesses. This arises frequently in the entertainment industry and related tech businesses as well, as it is...
Many people, especially those in the initial stages of their business or project, are unsure of how to describe and understand the intellectual property (IP) rights that are created in the course of running their business.
IP rights of some kind arise in virtually every type of business venture, and being able to wrap your head around those rights is a good first step toward protecting and monetizing them. So, what do you call the rights that you own?
What is Copyright?
Basic IP Terminology—What is Copyright? Many people, especially those in the initial stages of their business or project, are unsure of how to describe and understand the intellectual property (IP) rights that are created in the course of running their business....
Copyright Office considers new proposals for a copyright small claims court, but specifics are still lacking.
The story is familiar to many artists. A freelance photographer is surprised to find that an online service has reproduced a number of copyrighted images from her website. She reaches out to the organization with phone calls, offers to license her work for what she considers a reasonable fee, and drafts her own “cease and desist” letter. These all go unanswered. Realizing that her only remedy may be to sue, she seeks out an attorney who will file her case in federal court. But the case is too small; attorneys’ fees are high; it would take at least a year to litigate; and the recovery, if she wins, is uncertain. In the end, she simply gives up.
Copyright Office considers new proposals for a copyright small claims court, but specifics are still lacking. The story is familiar to many artists. A freelance photographer is surprised to find that an online service has reproduced a number of copyrighted...
We are often reminded that the basis for U.S. copyright law is the short provision of the Constitution giving Congress the “Power…To Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” [Art. 1, Section 8]
This constitutional source says that the “monopoly” granted must be temporary, and that the restraints (under copyright and patent law) should serve a particular purpose, the promotion of knowledge and art.
Still, over the years, the duration of those “temporary restraints” (exclusive rights) has been increasing. It is also not apparent that the constitutional purpose is a consistently observed guiding principle.
We are often reminded that the basis for U.S. copyright law is the short provision of the Constitution giving Congress the “Power…To Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive...
In what has been described by some as over-zealous enforcement of copyright, BMG (the large German publisher) forced YouTube to take down a Mitt Romney campaign video because it included footage of President Obama singing Al Green’s “Let’s Stay Together.”
In what has been described by some as over-zealous enforcement of copyright, BMG (the large German publisher) forced YouTube to take down a Mitt Romney campaign video because it included footage of President Obama singing Al Green’s “Let’s Stay...
We are often reminded that the basis for U.S. copyright law is the short provision of the Constitution giving Congress the “Power…To Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” [Art. 1, Section 8]
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