Originality

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Belgium: Even a world famous painter needs to respect copyrights

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

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

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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