|Margaret Mead, anthropologist|
Tuesday, July 27, 2021
Wednesday, July 14, 2021
|, Borkum, Alter Leuchtturm,|
“I bequeath all income derived from my toy, Waddle Wheels, to the charity, Corvid Recovery Group. Waddle Wheels income includes but is not limited to royalties paid under the MakeGo Licensing Agreement.”
Friday, July 9, 2021
Tuesday, June 29, 2021
|We love musician biographies and memoirs. |
(One of our favorites is Playing the Bass
With Three Left Hands by Will Carruthers.)
Saturday, June 19, 2021
Pre-1964 photos. We assume copyright lapsed because the owner of the photographs failed to renew copyright (a requirement for all works published from 1926 through 1963). If the photographs were first published within books, you can verify public domain status at Stanford’s Copyright Renewal Database.
Thursday, February 25, 2021
- the purpose and character of your use. The first factor weighs in your favor because you are commenting upon the video.
- the nature of the copyrighted work. We can't help you with the second factor because we don't know whether you are copying a factual or fictional work (and in any case, the second factor usually has little effect on the outcome).
- the amount and substantiality of the portion taken. In the case mentioned above, the YouTube celebrities copied three minutes of content from a five-and-a-half-minute video. In your case, you're copying the full episode. Copying a complete work is usually interpreted against a fair use claim. That's not to say you can't win a fair use ruling. Forty years ago, the Supreme Court permitted copying of a complete television program.
- the effect of the use upon the potential market. As to the fourth fair use factor, courts are interested in whether your video serves as a "market substitute" for the Netflix episode.Your degraded audio and video work in your favor as does the commentary. According to the Supreme Court "the role of the courts is to distinguish between biting criticism that merely suppresses demand and copyright infringement, which usurps it." In short, if what you are doing is more like camming and less like a reaction video, you'll have a harder time making a fair use claim.
Sunday, January 31, 2021
Tuesday, January 5, 2021
Tuesday, December 15, 2020
- You can't claim copyright in photos published before 1925 or in unpublished photos taken by photographers who died before 1950. These photos are in the public domain and free for anyone to copy.
- You can't claim copyright solely based on your ownership of a photo. Purchasing a print is not the same as purchasing the copyright.
- You can't register your report with the Copyright Office unless you declare whether your book contains pre-existing works. Pre-existing works might include your public domain photos, a foreword by a third party, or any previously registered or previously published works that are included in your book. The goal is to show what you contributed (the text).
- You can't require attribution unless you have an agreement such as a license that requires it. (You can sue under the Digital Millennium Copyright Act, however, if the infringer removes copyright management information (CMI).)
Tuesday, November 17, 2020
Tuesday, November 10, 2020
Tuesday, October 27, 2020
If you're filing the Form SR separately (Form SR reflects the sound recording), we think you should use your newer remastered vinyl because that is the best sonic version and you will likely use that for downloads going forward.
If you qualify to file the SR and PA as one application (or you need more information), you'll be best served by using the vinyl version as deposit materials. You can find more on these filing regulations in our Music Law book and in the music copyright lectures, we recorded for Lynda/LinkedIn.
Wednesday, October 14, 2020
Dear Rich: I bought several $1 squishy animals and have taken pictures of them and shared the pictures with friends. If I use these pictures in a book do I infringe on the toy company’s trademark?
It's unlikely that your book will trigger an infringement lawsuit or a response from the toy company. Here's why:
- Most squishy animals ("SA") have a generic appearance with indistinguishable features. If yours are similar, it's not likely that a toy company would come after you. It's difficult to protect generic designs.
- If you're making a book that simply displays your collection of SA photos, or you're just going to be distributing your book among friends or relatives, or you don't expect to sell more than a few hundred copies, it's unlikely the toy company will bother going after you even if it had the rights.
- Unless you've created characters from your SAs and unless those characters became a sensation (books, movies) you'll probably never hear from the SA manufacturer.
Wednesday, September 30, 2020
Monday, September 21, 2020
Wednesday, September 16, 2020
(1) “Works of creative expression, namely, photographs, paintings and printed matter, namely, graphic design prints; art prints; graphic and printed art reproductions; lithographic works of art; calendars; greeting cards; photo albums; books featuring art reproductions and graphic prints; magazines featuring art reproductions and graphic prints; pictures; portraits; postcards; posters; stationery; stickers; decorative stickers; iron-on and plastic transfers; bumper stickers; decals; wrapping paper; pens; business cards,” in International Class 16; and (2) “Clothing, namely, jackets, T-shirts, shorts, pants, aprons; chefs’ clothing, namely, aprons; clothing for sports, namely, jackets, pants, short pants, jerseys, hats and shirts; drawers, gloves, headbands, hoods; ready-made clothing, namely, jackets, sport coats, pants, short pants and shirts; belts, footwear, sneakers, basketball sneakers,” in International Class 25.
Friday, September 11, 2020
According to TuneCore, the service allows "any musician to sell their songs worldwide while keeping 100% of their sales revenue." In other words, revenue from digital stores like iTunes, Spotify, Amazon Music, YouTube, and TikTok is not commissioned by TuneCore. However, if you sign up for TuneCore Publishing Administration -- a separate arrangement that covers publishing and sync royalties -- TuneCore acquires exclusive synchronization rights and the company takes a commission of 20% for fees and royalties related to synchronization uses. That's in addition to a $75 setup fee, and a 15% commission from publishing and performance royalties. In summary, if TuneCore distributes your music to online stores, you get 100% of revenue, but if you opt for non-sales publishing/licensing revenue, TuneCore applies a commission. (We discuss the various publishing income sources in this blog entry.)
Friday, September 4, 2020