11 Nov, 2024 Can You Avoid Copyright Claims By Modifying Props Used in Your Ads? By Brian Murphy In Crystal Castles, the arcade game released by Atari in 1983, the player controls Bentley Bear, a bruin tasked with collecting gems...
04 Oct, 2024 You're Invited: "All Ohio Annual Institute on Intellectual Property" By Jeff Greenbaum On October 8th and 9th, the Cincinnati Bar Association will be hosting the 34th All Ohio Annual Institute on Intellectual Property. The...
30 Sep, 2024 Trump in a “River of Trouble” for Infringing Copyright in Classic Isaac Hayes Song By Brian Murphy Since 2020, Donald J. Trump and his campaign organization have regularly played the Sam & Dave classic “Hold On, I’m Comin’” at campaign...
16 Aug, 2024 Predictably, an Oral License to Use Beat Track in Song Results in Copyright Infringement Case By Brian Murphy Plaintiff Brian White is a professional musician who writes and records beat tracks that he sometimes licenses to other artists. (We Got...
29 May, 2024 Tenth Circuit Refuses to Award Profits Under Copyright Act for Unauthorized Use of Photo in Ad By Brian Murphy I Dig Texas (IDT) and Creager Services (Creager) are competitors that sell attachments for skid steer loaders, a type of heavy machinery...
23 Jan, 2024 French Montana and the Scope of Copyright Protection for Sound Recordings vs. Compositions By Brian Murphy You have to tip your hi-hat to Eddie Lee Richardson, a/k/a Hotwire the Producer, a/k/a the plaintiff in this case. When he was 16 years...
29 Dec, 2023 Mickey Mouse (Version 1.0) Enters the Public Domain in the U.S. By Brian Murphy So, it is happening. The animated short “Steamboat Willie,” which was released in 1928 and features an early version of Mickey Mouse,...
26 Dec, 2023 Hallmark Holiday Movies and the Scènes à Faire Doctrine By Brian Murphy During the holidays, the television in my octogenarian parents' home toggles back-and-forth between Fox News (my father's choice) and the...
11 Dec, 2023 A Copyright Quiz: Find the Infringement! By Brian Murphy For many years, the plaintiff was part-owner and lead designer for a company that made stationery and office supplies. The plaintiff...
06 Dec, 2023 Plaintiffs' Argument that Meta's Large Language Model is an Infringing Derivative Work Makes Judge's Head Explode 🤯 By Brian Murphy Today I report on another opinion out of the Central District of California that addresses whether generative AI tools infringe upon the...
04 Dec, 2023 Two Courts, Two Ad Campaigns, and Copyright's Idea-Expression Dichotomy By Brian Murphy Lawyers say this to clients all the time: you can’t copyright an idea; copyright protection extends only to an author's original...
13 Nov, 2023 The Generative AI Journey Continues By Brian Murphy When it comes to tech powered by generative AI, we are on the verge of a Cambrian Explosion, a period during which we can expect an...
27 Oct, 2023 Court Revises Opinion in Kat Von D Tattoo Case in Wake of Andy Warhol Foundation v. Goldsmith By Brian Murphy Tattoos and fair use. Again. (See this post from last month.) The plaintiff Jeffrey Sedlik is a photographer who took (and owns the...
20 Oct, 2023 Advertiser That Tells Its Agency to "Recreate" a Competitor's Video (But Make it Better) Liable for Copyright Infringement By Brian Murphy Door-to-door storage services deliver packing crates to your house and pick them up once they are filled up. It is, apparently, a...
10 Oct, 2023 Photographer Cannot Recover Profits Based on the Use of Infringing Image in Advertising By Brian Murphy An advertiser includes an infringing image in an advertising campaign. (It has been known to happen.) The copyright owner sues, seeking...
25 Sep, 2023 The Girl with the Tiger King Tattoo Loses Copyright Infringement Lawsuit Against Netflix By Brian Murphy Tattoos again. (See here and here.) In the early days of the pandemic, tattoo parlors across the country - including one owned by...