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

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

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

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