Tag Archives: Copyrightability

Not Dat Function, Dis Function

When we talk these days about the role of functionality in determining the copyrightability of a useful article, we are generally talking about the 10 different separability tests currently duking it out at the Supreme Court in the Varsity Brands case. Our posts on that case are here, here and here. These tests enforce … Continue Reading

Robin Thicke, Marvin Gaye, and the Blurred Line Between Inspiration and Infringement

By Oren J. Warshavsky on August 18, 2013 Posted in Uncategorized

Robin Thicke’s Blurred Lines has been a pop-music juggernaut: the year’s best selling song in the United States and the UK is entering its 11th week at the top of Billboard’s Hot 100 chart. When it was initially released many noted that it was reminiscent of Marvin Gaye’s hit Got to Give It Up. And … Continue Reading

Hulkamania is Running Wild: Let the Battle Begin (in Court)

By Oren J. Warshavsky on November 11, 2012 Posted in Uncategorized

Terry Bollea, better known as the professional wrestler with the stage name Hulk Hogan (“Hogan”), is involved in an unattractive legal battle that presents an unusual intersection of the First Amendment, copyright law, and privacy/publicity issues. Hogan filed two lawsuits arising out of a 2006 sexual encounter with Heather Clem (“Heather”), then the wife of … Continue Reading

Hold Your Flow! Yoga Sequences Not Copyrightable

By Tarsha Luke on June 27, 2012 Posted in Uncategorized

That signature yoga routine you coined, taking your students from cobra to downward dog to warrior pose—all in one fluid movement? No longer will you be able to prevent other studios from adopting your method. The Copyright Office announced on Friday that it made an error when it issued previous registration certificates for yoga sequences … Continue Reading