View Post

U.S. Supreme Court Says Copyright Owners Need a Registration Before Suing

In Copyrights by Stacey Kalamaras

On March 4, 2019, a unanimous U.S. Supreme Court (“SCOTUS”) finally put to rest the split among the Federal Circuits that a copyright owner may file suit once the U.S. Copyright Office registers a copyright.  Previously, some Circuits had allowed lawsuits once an application had been filed with the Copyright Office. Writing for the Court, Justice Ginsberg said that the …

View Post

The “Carlton” Not Eligible for Copyright Protection

In Copyrights by Stacey Kalamaras

Last December, Alfonso Ribeiro, aka “Carlton Banks” of TV’s The Fresh Prince of Bel Air fame, sued the makers of popular video game Fortnight for using the dance his character made popular on the show.  He claimed the Fortnight makers copied the two-step dance, alleging claims of copyright infringement. In order to sue in Federal Court on claims of copyright …

View Post

FAIR USE OR INFRINGEMENT?

In Copyrights by Stacey Kalamaras

Last month, the Second Circuit ruled that media-monitoring service TVEyes violated copyright law by re-distributing searchable audiovisual content clips from news outlets, including Fox News Network, reversing an earlier ruling that the service was protected by the fair use doctrine.  The Second Circuit held that TVEyes’ use was transformative, but since the redistribution made available virtually all of Fox News’ …

View Post

License to Be Ill

In Copyrights by Stacey Kalamaras

GoldieBlox named Finalist in Super Bowl Contest Last week, enterprising startup toy company GoldieBlox, was named a finalist in Intuit’s Small Business competition which awards one small business with a professionally made, 30-second commercial which will air during this year’s Super Bowl, scheduled to take place at the New Jersey Meadowlands. The average cost of a 30-second spot during one …

View Post

Copyright Infringement – Downward Dog

In Copyrights by Stacey Kalamaras

FAMOUS YOGI IN HOT WATER With a new year upon us and everyone making New Year’s resolutions, this month’s post is very timely. For those of you who embrace the ancient practice of yoga to help strengthen your body and relax your mind, have you ever wondered if your favorite yoga technique is covered by intellectual property law? The answer …