{4:30 minutes to read} In my last post, I discussed the design patent, a form of protection available under the Patent Act to protect designs that are “primarily ornamental” rather than those which – like most inventions one normally thinks of in connection with the Patent Act – are “primarily functional.” Design patent protection can […]
{4:12 minutes to read} It is a truism among intellectual property lawyers that no matter how often one may encounter discussion of a “copyrighted word” or a “copyrighted phrase”—and this notion appears frequently in media—copyright law generally does not protect titles, words, slogans or phrases.[1] In the United States, the Code of Federal Regulations specifically […]
{3:54 minutes to read} My practice—and accordingly this blog—focuses on copyright, or at least on what we call “copyright” in the United States. However, “copyright” is only one segment of a broader spectrum called “intellectual property,” and—as is often the case with segments of a spectrum—the boundaries are somewhat arbitrary, and the subject matter […]
{3:54 minutes to read} “Intellectual property” consists—as the name suggests—of “creations of the mind,” and more specifically, of commercially valuable aspects of those creations. [1] As the name also suggests, “intellectual property” is a subcategory of “property.” Unlike, for example, real property (land) or chattel (other tangible property, such as a car or a horse), […]
{3:54 minutes to read} No matter the value of an infringement claim, there is no way to enforce a copyright claim except – literally – to make a federal case of it. The federal courts have exclusive jurisdiction over copyright disputes,[1] so copyright infringement actions must be brought in the federal courts. Federal courts, unlike […]
{4:12 minutes to read} “How much is my claim worth?” This vexing question returns every time I consider a client’s copyright infringement claim. Attempting to predict a court verdict is a fool’s game, but there are some basic markers to guide us in valuing a claim. Section 504 of the US Copyright Act provides 2 […]
{3:06 minutes to read} As discussed in earlier posts, among the exclusive rights accorded to copyright holders is the right to perform or display their works publicly, or to authorize others to do so. Consequently, copyright law generally limits the exclusive rights of the copyright holder, and thus permits certain private uses of a protected […]
“On entering an opera or concert hall in Paris you come face to face with a long counter, presided over by three gentlemanly-looking individuals in evening dress, to whom your ticket is given, they replacing it with another, by which you are seated.” — New York Musical Courier, Oct. 1894. {4:06 minutes to read} Two […]
{3:40 minutes to read} Among the exclusive rights accorded to copyright holders is the right to perform their works publicly, or to permit others to do so.
[Time to read: 4.8 mins ] Generally speaking, works published in the US before January 1st, 1978, were only protected by copyright if they were registered at or before publication. Under the current Act, all works are subject to copyright protection from the moment of their creation, regardless of registration. Unfortunately, this change has […]