Myers Berstein
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Copyright Archives

FASHION DESIGNERS HIT A ROAD BLOCK: Moschino and Roberto Cavalli Sued For Infringing on Street Art

Rime - Vandal Eyes Mural.jpgLately, fashion designers have been losing their artistic inspiration and instead have turned to grabbing the design work of others, specifically street artists.

PIKASUE NO MORE: RageOn Clothing Company and Pokemon Company Settle Copyright Infringement Lawsuit

pikajewwords.jpgRageOn, a Cleveland based t-shirt company, recently faced a copyright infringement lawsuit from Pokemon Company International for depicting their protected Pokemon characters on clothing.

Copyright Infringement and the Fair Use Defense

One of the main defenses against a copyright infringement claim is fair use. This means, essentially, that while a copyright was infringed, the user is allowed to do so. This may seem contrary to the exclusive rights given to an author of original creative works, however, fair use is not meant to entirely remove those rights, but to simply permit certain limited and "transformative" uses of copyrighted material, including commentary, criticism, news reporting, teaching, scholarship, and research.

Copyright Infringement and the Fair Use Defense

ne of the main defenses against a copyright infringement claim is fair use. This means, essentially, that while a copyright was infringed, the user is allowed to do so. This may seem contrary to the exclusive rights given to an author of original creative works, however, fair use is not meant to entirely remove those rights, but to simply permit certain limited and "transformative" uses of copyrighted material, including commentary, criticism, news reporting, teaching, scholarship, and research.

Protecting Against and Responding To Copyright Infringement

Copyright is a form of intellectual property applicable to any creative work that is both fixed in some tangible medium and at least minimally creative, or original. Works that may receive copyright protection include: literary works, movies, musical works, sound recordings, paintings, photographs, software, live performances, architectural works, choreographic works, and television or sound broadcasts. Creators of such works are granted exclusive rights in their works at the time of creation. For example, whenever you write a blog post or make a drawing or other artwork, you automatically own the copyright in it. But who protects your copyright?

Copyrights, Licensing, Music, and Films

Have you ever listened to film sound tracks and felt that certain portions of the music sounded familiar? You could be right. Studios may recycle film music, but they are required to make payments for the original sound track music. The American Federation of Musicians (AFM), a labor organization representing about 80,000 professional musicians in the United States and Canada, is suing several Hollywood movie studios for recycling film music without making required payments. The AFM seeks to recover damages for breach of contract including payments for the benefit of musicians whose services were covered by the agreement.

Copyright / HBO and Showtime Win Anticipated TRO for Copyright Infringement

Cable networks HBO and Showtime won a victory for antipiracy efforts on April 30, two days before the Mayweather-Pacquiao fight. Anticipating certain websites would stream the fight for free, the fight was priced at $89 to $100 on pay-per-view, the cable companies sought a temporary restraining order (TRO) to enjoin websites from infringing their copyright of the coverage of the fight. Judge Wu granted their request, concluding that the threatened infringement would take away the cablers' right of first transmission and publication of a highly valuable live event, would interfere with their relationships with third parties, would likely damage their goodwill among consumers, and would deprive them of revenue that was difficult or impossible to calculate.