Category: Copyright

First Sale Doctrine: Buyers’ Rights and the Right of First Sale

First Sale Doctrine: Buyers’ Rights and the Right of First Sale

Copyright Patent Trademark

The first sale doctrine is a legal doctrine that applies to copyrights, patents and trademarks. The doctrine is slightly different for the three types of intellectual properties. But, in general, in each case, the first sale doctrine prevents owners/holders of intellectual property rights from controlling what happens to a physical product or work after it […]

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Understanding Copyright Notice Format: Requirements, Content, and Placement

Understanding Copyright Notice Format: Requirements, Content, and Placement

Copyright

A copyright notice is a specific type of formal statement placed on copies of a works of original authorship. For works published before 1989, a copyright notice was required for the work to have the full protections of US copyright laws. However, since 1989, a copyright notice is not required for full legal protection, but […]

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What Protections Does Common Law Copyright Provide in the United States?

What Protections Does Common Law Copyright Provide in the United States?

Copyright

Copyrights are a form of intellectual property. At common law, copyright rights vest in the author of the copyrighted work. They protect what are called “original works of authorship” like literary, musical, and other types of artistic work as long as they are fixed in a tangible medium (such as paper, canvas, or a recording). […]

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Ninth Circuit Confused on Copyright “Originality”

Ninth Circuit Confused on Copyright “Originality”

Copyright

Copyright law protects original works of authorship. 17 U.S.C. § 102(a). Generally, the bar for what constitutes “original” is very low. But, at the same time, copyright law DOES require some minimal amount of originality. As one court phrased it, a “modicum [of] creative spark” is needed (in addition to independent creation). In a couple […]

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No DMCA Violation Where Key Was Not an Effective Security Control and Where User Gained Access Via Authorization Process

No DMCA Violation Where Key Was Not an Effective Security Control and Where User Gained Access Via Authorization Process

Copyright

Among many other prohibitions, the Digital Millennium Copyright Act (“DMCA”) prohibits efforts to gain access to computers by circumventing security control measures. In particular, the statute states that: “No person shall circumvent a technological measure that effectively controls access to a work protected under this title.” See 17 U.S.C. § 1201(a)(1)(A). “Circumventing” is very broadly […]

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Copyright Law: “The Scope of the Copyright is Limited by the Deposit Copy”

Copyright Law: “The Scope of the Copyright is Limited by the Deposit Copy”

Copyright

A recent decision from the Ninth Circuit Court of Appeals is notable for being an excellent exposition of the rule in Copyright law that the scope of a copyright is limited by the copy of the artistic work that is deposited with the Copyright Office. See Skidmore v. Led Zeppelin, Case No. 16-56057 (9th Cir. […]

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Are We Entering the Age of Mandatory Compulsory IP Licensing Fees?

Are We Entering the Age of Mandatory Compulsory IP Licensing Fees?

Copyright

An eye opening opinion was recently issued in the case of ECIMOS, LLC v. Carrier Corp., Case Nos. 19-5436; 19-5519 (US 6th Cir. August 21, 2020). The case involved various breach of contract, copyright infringement and trade secret misappropriation claims related to heating, ventilation and cooling systems. After trial, the jury found in favor of […]

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Ninth Circuit Creates “Asserted Truths” Doctrine for Copyright Cases Involving Works of Nonfiction

Ninth Circuit Creates “Asserted Truths” Doctrine for Copyright Cases Involving Works of Nonfiction

Copyright

Over the years, federal courts have been consistent in refusing to extend copyright protection to the facts and “truths” that are presented in nonfiction books, documentaries, and other works. This is because copyrights extend to “original works of authorship,” not to facts and ideas. This issue has become nettlesome in recent years because, when a […]

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Can Tattoos be Copyrighted?

Can Tattoos be Copyrighted?

Copyright

The singer/rapper known as Cardi B has been embroiled over the last three years in a copyright lawsuit involving tattoos. In particular, tattoo artist, Kevin Brophy, claims that the design of his back tattoo was appropriated and used without his permission on a male figure on the cover art of Cardi B’s music compilation called […]

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