In 1981 Andy Warhol used a photograph made by Lynn Goldsmith as reference for an illustration of the musician Prince. Vanity Fair magazine had hired Warhol to make the illustration; it was to accompany an article about Prince in the magazine’s November 1984 issue. Goldsmith had issued a limited license for this purpose. The license
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US Copyright Applications: Not As Simple As You Think
Have you ever convinced yourself that something is simple…just because you want it to be simple?
You’re not alone. In the context of applications for US copyright and trademark registration, people decide every day that do-it-yourself (DIY) is an acceptable option because, to their wishful eyes, “it’s just paperwork.”
Or maybe they think,…
Estate Planning: Copyright and the Limits of Digital Property
Let’s start with five fundamental concepts:
…
Working on Vacation
The other day I was learning about a fellow lawyer, by reviewing her website. Her trademark practice is similar to mine. The site was inviting. She has a sense of humor.
“Nice,” thought I, “we should connect.”
I was reviewing her website because she’d made a mistake in a matter before the Trademark Trial and…
Getting a Cut When Your Work Re-Sells
You’re a visual artist. You sell a work for $1000. Over time the value appreciates. Your buyer re-sells the work for $50,000. You get nothing (except requests to speak about your work, for no money!)
There is no law permitting artists to share in “resale royalties” when their works change hands. I discuss this in…
New Copyright Registration Option for Blog Entries; Social Media Posts
The US Copyright Office is establishing a new option for registering multiple “online short literary works” as a group, with a single application and a single fee.
In plain English, that means: blog entries; social media posts; and short online articles.
They’re still rolling out the details — which I’ll describe here when they become…
Three Tips for Web-Conferencing
Many of us, sheltered in place, are using video and web-conferencing services such as Zoom. How fortunate we are, to have such tools at our disposal.
While keeping physically healthy, here are three tips for staying legally healthy in your web-conferencing environment.
…
Plagiarism v Copyright Infringement. What’s the Difference?
“Please don’t copy my work.”
They do it anyway.
Is it plagiarism or is it copyright infringement?
Plagiarism is a question of attribution. Let’s say GoodGuy actually created The Work. BadGuy not only copies The Work, but passes it off as his own. BadGuy is “attributing” authorship of The Work to himself rather than to…
3 Copyright Tips About {old} Sound Recordings
TIP #1. In recorded music there are almost always two separate copyrights:
TIP #2. Until recently, sound recordings that were fixed before 1972 were not eligible for US copyright protection.
TIP #3. There are new…
VARA: The Normal case
No such thing as a “normal” VARA case? Ha! Maybe not. But this one is taking place in Normal, Illinois.
The Town of Normal wants to destroy a mural that appears on a building, to make way for development. The mural was created by 13 artists. In April, the 13 artists sued the Town and…