Tag Archives: Copyright protection

‘No One Can Own the Law’: Supreme Court Holds Annotations to State Statutes Are Not Protected by Copyright

Photo of Christina MoserPhoto of Lesley GrossbergBy Christina Moser and Lesley Grossberg on Posted in Copyright, Copyright Infringement, Federal Circuit
The Supreme Court issued a 5-4 decision on April 27, 2020, in Georgia v. Public.Resource.Org, upholding the Eleventh Circuit’s ruling that the Official Code of Georgia Annotated (OCGA) is not entitled to copyright protection. The majority’s decision found that the OCGA falls under the “government edicts” doctrine: “government officials empowered to speak with the force … Continue Reading

Does Copyright Now Cover Functionality?

Photo of Chad RutkowskiBy Robert Welsh and Chad Rutkowski on Posted in Copyright
On March 22, 2017, the U.S. Supreme Court decided the case of Star Athletica, L.L.C. v. Varsity Brands, Inc. regarding the scope of copyright protection for “pictorial, graphic or sculptural features” that have been added to useful articles—in this case, cheerleading uniforms.   The case has mostly gained attention because its facts crystalize the tension between … Continue Reading

Is Paramount Going Where No Copyright Holder Has Gone Before?

By Robert Welsh on Posted in Copyright
Hollywood is often referred to as the land of make-believe. A federal lawsuit working its way through a Los Angeles federal court may decide the extent to which what Hollywood “dreams up” for its motion pictures and television shows is entitled to copyright protection. The case is Paramount Pictures Corp. v. Axanar Productions Inc., et … Continue Reading

How Will the Supreme Court Function With the Varsity Brands Test?

Photo of Chad RutkowskiBy Chad Rutkowski and Robert Welsh on Posted in Copyright, Copyright Act, Copyright Protection
On Monday, the Supreme Court announced it had agreed to review the Sixth Circuit’s copyright decision in Star Athletica v. Varsity Brands, which involves the issue of whether certain designs appearing on cheerleading uniforms are copyrightable or are instead non-copyrightable functional elements that are an inherent part of cheerleading uniform designs. In a split decision, … Continue Reading

The Monkey in the Machine

Photo of Chad RutkowskiBy Chad Rutkowski on Posted in Copyright, Copyright Protection
In 2011, a Celebes crested macaque took a shot that was heard ’round the world. In a jungle in Indonesia, it depressed the remote trigger button of a photographer’s camera, effectively taking a selfie. The “monkey selfie” has ignited a great deal of commentary musing on the nature of copyright ownership. The human photographer claimed … Continue Reading

Artist Richard Prince Sued for Use of Photo from Instagram

By Maryanne Stanganelli on Posted in Uncategorized
It is not the first time artist Richard Prince has made headlines for appropriating others’ artwork into his own without attribution or license. But this time, he has done so in a way that may have implications on the use of photographs posted on social media. He is being sued on one of the 37 … Continue Reading

Artist Richard Prince Sued for Use of Photo from Instagram

By Maryanne Stanganelli on Posted in Copyright, Copyright Infringement, Copyright Protection, Fair Use, Social Media
It is not the first time artist Richard Prince has made headlines for appropriating others’ artwork into his own without attribution or license. But this time, he has done so in a way that may have implications on the use of photographs posted on social media. He is being sued on one of the 37 … Continue Reading

Tomaydo-Tomahhdo

By Jessie Kuhn on Posted in Copyright, Copyright Protection
Earlier this week, the Sixth Circuit ruled the “Tomaydo-Tomahhdo Recipe Book” was not creative enough to warrant a copyright. The case started when Rosemarie Carroll (and related companies) sued her ex-partner, Larry Moore (and others) for copying her recipe book.  Recipes and ingredient lists have never been copyrightable by themselves, but much like other compilations, when … Continue Reading

Tomaydo-Tomahhdo

By Jessie Kuhn on Posted in Uncategorized
Earlier this week, the Sixth Circuit ruled the “Tomaydo-Tomahhdo Recipe Book” was not creative enough to warrant a copyright. The case started when Rosemarie Carroll (and related companies) sued her ex-partner, Larry Moore (and others) for copying her recipe book.  Recipes and ingredient lists have never been copyrightable by themselves, but much like other compilations, when … Continue Reading

Drawing a Line in the Floor—Courts Are Struggling With the Overlap Between Design Patent and Copyright

Photo of Chad RutkowskiBy Chad Rutkowski on Posted in Copyright Protection
In 2003 the U.S. Supreme Court in Dastar Corp. v. Twentieth Century Fox Film Corp. emphasized that “[t]he rights of a patentee or copyright holder are part of a ‘carefully crafted bargain,’ … under which, once the patent or copyright monopoly has expired, the public may use the invention or work at will and without … Continue Reading

Drawing a Line in the Floor—Courts Are Struggling With the Overlap Between Design Patent and Copyright

Photo of Chad RutkowskiBy Chad Rutkowski on Posted in Uncategorized
In 2003 the U.S. Supreme Court in Dastar Corp. v. Twentieth Century Fox Film Corp. emphasized that “[t]he rights of a patentee or copyright holder are part of a ‘carefully crafted bargain,’ … under which, once the patent or copyright monopoly has expired, the public may use the invention or work at will and without … Continue Reading

Apparel Designs and the “Metaphysics” of Copyright Protection

By Robert Welsh on Posted in Copyright
Varsity Brands, Inc. v. Star Athlectica, LLC, 110 U.S.P.Q.2d 1150 (W.D. Tenn. 2014) Metaphysics is usually thought to be the province of philosophers or theologians.  A recent decision by a U.S. District Court in Tennessee, Varsity Brands, Inc. v. Star Athletica, LLC, 110 U.S.P.Q.2d 1150 (W.D. Tenn. 2014), reminds us that copyright law can also … Continue Reading
LexBlog