News & Analysis as of

Originality

Transformative Use or Infringement

In Cariou v. Prince, 714 F3d 694 [106 USPQ2d 1497] (2d Cir. 2013), the Second Circuit said that a use of a copyrighted work need not comment on the original artist or work, or on popular culture, in order to constitute...more

Puma Treads New Territory Hitting Forever 21 with Copyright Allegations after the Supreme Court’s Star Athletica Decision

by Knobbe Martens on

On March 31, 2017, Forever 21 was sued by Puma over its “Fenty” line of shoes. The “Fenty” label has become popular, in part, due to the influence of music artist, Rihanna as the label’s brand ambassador. In its complaint,...more

Copyright Protection For Mass-Produced Articles In The United Kingdom

by Ladas & Parry LLP on

Prior to a recent change in the law, copyright protection in an artistic work expired after 25 years if articles embodying the work had been applied industrially (defined as making more than fifty articles). This kept the...more

Copyright At The Museum: Musings In Anticipation Of The IPO Dinner At The MOMA

As a fan of modern art, I am looking forward to the dinner reception at next week’s Annual Meeting of the Intellectual Property Owners Association (IPO), which will be held at New York’s Museum of Modern Art. As a member of...more

Don’t Think About Copyright Law on Labor Day

Labor Day is the wrong time to think about copyright law, especially in 2016, because this year marks the twenty fifth anniversary of the Supreme Court’s decision in Feist Publications v. Rural Telephone Service, 499 U.S. 340...more

Jimi Hendrix Portrait Denied Copyright Protection For Lack of Originality

France is often presented as a country which is quite protective of IP owners, especially in the field of trademarks and copyright.? However, a recent decision rendered by the Paris District Court in relation to a portrait of...more

Belgium: Even a world famous painter needs to respect copyrights

by DLA Piper on

The well-known Belgian painter Luc Tuymans has based his painting ‘A Belgian Politician’ on a picture of the Belgian right-wing politician Jean-Marie Dedecker that was made by the professional photographer Katrijn Van Giel,...more

Does A Valid Copyright Exist In The Song “Happy Birthday To You”?

Ownership of a copyright in one of the most popular songs in the English language has recently been challenged in several lawsuits around the country. At the heart of the dispute is whether the music publisher Warner...more

Yes Rasta! Appropriate Appropriation: Second Circuit Holds That Commentary on Original Work Unnecessary for Fair Use Defense, Only...

In Cariou v. Prince, No. 11-1197-cv (2d Cir. Apr. 25, 2013), an opinion with significant importance for the art world, the U.S. Court of Appeals for the Second Circuit clarified what is required for a defendant’s entitlement...more

Don’t Overlook Industrial Designs: Part 2

by Field Law on

As mentioned in our previous post, industrial designs protect the visual features of a product (shape, configuration, pattern or ornament). Functional, utilitarian or useful elements are not eligible for protection. This was...more

IP 101 – 10 Things to Know About Copyrights

by Knobbe Martens on

1. What is a copyright? Copyright protection exists in any original “expression” of an idea that is fixed in any physical medium, such as paper, digital media, or film. Copyrights cover such diverse things as art,...more

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