Category: 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). […]

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 […]

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 […]

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. […]

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 […]

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 […]

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 […]

Under general federal and Constitutional legal principles, federal laws will preempt state and local laws where there is a conflict and where federal power and jurisdiction prevail. The power to make laws with respect to patents and copyrights is specifically granted to the federal government in the US Constitution. See US Const., Art. I, Section […]

Back in 1998, Congress enacted the Digital Millennium Copyright Act (“DMCA”) to significantly enhance copyright protections and to specifically combat copyright abuse on the internet. See 17 U.S.C. § 512. One often overlooked provision in the DMCA is a prohibition on the removal or alteration of what is termed “copyright management information” or “CMI.” The […]

Not too long ago, we wrote about a recent decision from the US Court of Appeals for the 11th Circuit that held that data scraping can be deemed a misappropriation of trade secrets. See here. That case was decided based on the Florida version of the Uniform Trade Secrets Act (“UTSA”). In another case involving […]