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Currently Browsing: Copyrights

Trump, Trademarks and Transactions: Considerations for Asset Sales

When he is sworn in on January 20th, Donald Trump will become the first American president to have owned trademark registrations while in office. (Quick quiz: Who was the only U.S. President to have a patent while in office? Answer at the end of the post). Trademark Office records show that he has personally owned 90 trademark registrations, most of which include the Trump name. This unprecedented situation —...

The Sky Did Not Fall: The Supreme Court Invalidated Online Retransmission of Broadcast Television in American Broadcasting Companies v. Aereo, Inc.

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“Happy Birthday to You” and the Neverending Term of Copyright

Everyone has been to a birthday party, and everyone has sung “Happy Birthday to You.” Anyone who has recorded their friends and family singing that song and posted the recording on YouTube has committed copyright infringement.  The Warner Music Group claims ownership of the copyright in the musical composition “Happy Birthday to You” and reaps millions of dollars annually through licensing...

Full Recovery: Successful Copyright Plaintiffs Can Recover Fees For Enforcing Judgments

Successful copyright plaintiffs can recover the additional attorney’s fees incurred in collecting an infringement judgment according to a federal court in New York. The judgment creditor plaintiff, L.A. Printex Industries, Inc., won a verdict of $40,000 in statutory damages against the defendants in 2012, with the court subsequently awarding it $40,000 in attorney’s fees. The defendants refused to pay...

Register Your Copyrights or Lose Your Rights

Recently an artist came to see me about a possible infringement case. The artist had created some artistic works several years ago, but shared the material only with some friends. One of the friends turned over a copy of one of the works to a producer without the artist’s permission. After the producer created a new work incorporating the artist’s original work, the artist justifiably feels violated. One...

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