Fashion and apparel have long existed in a cloud of copyright confusion. Clothing often incorporates design elements, which may be protectable, and functional elements, which aren’t. The U.S. Supreme Court has now established a two-part test intended to resolve “widespread disagreement” regarding copyright protection for such “industrial designs.”
Vocabulary matters in the courts, as one company found out recently. According to the Ninth Circuit Court of Appeals, the term “volitional conduct” has nothing to do with voluntary actions when it comes to direct copyright infringement. The court explained the meaning in a case where it also denied a copyright holder’s secondary liability claims for infringement.
Imitation is the sincerest form of flattery — or so the saying goes. However, when it comes to copyrighted material, imitation can also be unlawful infringement if use of the work isn’t deemed a “fair use.” What constitutes fair use was central to a recent Second Circuit Court of Appeals case involving the incorporation of an iconic comedy routine into a Broadway play.
Sunburst Chemicals has been innovating our cleaning process since 1920. We know today how important it is to clean food, laundry and every day items and Sunburst is on the forefront of that mission. They supply a number of cleaning products for a variety of every day use:
New years resolutions are one of the world’s longest standing traditions. Throughout January, people will reflect on their personal and professional goals and ambitions to set forth on a new journey—often making a list of what they hope to accomplish. This year, we recommend adding one small piece to that list—protecting your ideas.
Top 10 Copyright Rulings of 2016 Every year, Law 360 publishes their Top 10 copyright cases from the past year. Music, film, art and entertainment are often involved in copyright cases, which is why they can gain media attention both locally and nationally.
Appellate court extends EMCA safe harbor The Second Circuit Court of Appeals recently ruled on the hotly debated issue of whether the Digital Millennium Copyright Act’s (DMCA’s) safe harbor provision applies to sound recordings created before 1972. That’s when Congress first extended copyright protections to such recordings. With Capitol Records, LLC v. Vimeo, LLC, the Second Circuit is the first federal appellate court to tackle the question, and its opinion no doubt brought a huge sigh of relief from Internet service providers.
Oxygen—it heals, sharpens concentration and most importantly, we need it to survive. Most people associate oxygen with the air we inhale every moment of the day but Oxygen Plus (O+) has taken one of our most important elements to a new level. The innovators at O+ understand that oxygen is more than just an element—it helps provide energy, drives a healthy lifestyle, promotes healing and so much more. As pollution continues to crowd the air, O+ is supplying the world with 95% pure oxygen on the go, to keep them moving along every day. O+ – the pioneers and leaders of portable recreational canned oxygen worldwide – is here for you – anytime you need a lift.
The right to copyright protection is bestowed by federal law, while the right of publicity from the use of one’s name or likeness is bestowed by state law. So which prevails when these rights come into conflict? In Dryer v. The National Football League, the Eighth Circuit Court of Appeals shed some light on how that answer should be determined.