January 31, 2022
LIVE AT IRC: Sellers’ Rights vs. Brands’ Rights The First Sales Doctrine Laws SUNDAY, FEBRUARY…
After Michael Jackson’s death in 2009, defendant Vintage Pop Media LLC created several websites where they displayed and sold copyright protected property of Michael Jackson. This included “key art” from Jackson’s movie “This Is It”, audio recordings of his song “Destiny”, material from an anniversary DVD of “Thriller”, and an image of Michael Jackson performing…
When it comes to protecting their brand, many musicians or rightful owners of a musician’s brand have had to take matters to court over infringement disputes. For example, Experience Hendrix, L.L.C. and its wholly owned subsidiary Authentic Hendrix, L.L.C. (collectively “Experience Hendrix”) brought suit against Andrew Pitsicalis for trademark infringement. Experience Hendrix owns a number…
Nefarious individuals are everywhere waiting to infringe on your band’s trademark rights and merchandise. These people often set up outside the venue you are playing for the night and attempt to profit off your hard work and dedication. How can bands protect themselves, their registered marks, and general good will of their fans? Bands have…
What Is Trade Dress? Trade Dress is defined as: “the total appearance and image of a product, including features such as size, texture, shape, color or color combinations, graphics, and even particular advertising and marketing techniques used to promote its sale.” [1] Perhaps the most iconic trade dress is the Coca-Cola bottle. The shape and…
So far, we’ve discussed some of the logistics around copyright, how it’s obtained, and what people use it for. But there are still some important questions to answer when it comes to copyright. How long does one own the rights to their copyright, what rights does a rights holder have, and what are the limitations…
Up until this point, we have discussed the vast history of copyright law in the United States. From the printing press until the rise of social media, a lot has changed in copyright law. Now, we’re going to dive into the specifics of copyright law. What is it? Who controls and monitors it? And how…
United States copyright law continues to evolve to this very day. While the Digital Millennium Copyright Act of 1998 (DMCA) is still considered the most important recent legal act as it pertains to online sellers, copyright laws have still changed in the 20 years since the signing of the DMCA. At this moment, we live…
Copyright law should be extremely important to an artist, especially as it pertains to issues relating to intellectual property. IP complaints are among the most common issue that Rosenbaum Famularo, P.C. sees, and artists encounter in the ecommerce world. While copyright can protect artists from having their original ideas and products stolen, it can also…
