While we wait, we wonder. Will the result by the Supreme Court in Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith (“Warhol”) give copiers the right to turn Darth Vader into a choir boy without paying the copier a dime? Will sequels, spinoffs and adaptations be available for others to monetize for free?
Traditionally, trademarks were shortcuts, identifying and distinguished goods in the marketplace in response to a buyer’s needs and self-selected criteria. Trademarks have also protected against human frailty by alleviating confusion, imitation, disparagement and misrepresentation.
Thinking of starting a copyright litigation? You need to answer a number of questions to assure a successful outcome. The questions include:
Negotiating a license agreement? There are primers telling you how to take advantage and one-up your license partner. Ignore them. Unless the agreement works for both sides, it won’t last.
Embedding flourishes on the internet. Social media like YouTube, networking sites such as Twitter, streaming music services, including Spotify and search engines like Google, encourage embedding and offer tools that facilitate this practice.
What’s the Latest on the Statute of Limitations in Copyright Litigation after Petrella, Sohm & Starz
17 U.S.C. § 507(b), the copyright litigation statute of limitations appears to be deceptively simple. It requires an infringement claim to be “commenced within three years after the claim accrued.” But when does a claim accrue: when the infringement is committed, even though you know nothing about it or when it is discovered or should…