Copyright law exists to protect creators of original creative works. Generally, copyright is easier to obtain than a trademark. There is only one type of application, which is submitted to the U.S. Copyright office, and rights are immediately created once the work is made. For online sellers, the issues usually boil down to images and…
Brand Protection for Musicians’ Merchandise on Etsy Intellectual property law can be confusing but knowing the law can help you protect your brand when selling online. As a venue for artists, designers, and creators, Etsy takes intellectual property rights seriously. As per the company’s intellectual property policy on its website: “Etsy adopted [their] intellectual property…
As per eBay’s intellectual property policy on its website: “[eBay] take(s) protecting intellectual property rights and maintaining a safe environment for our buyers and sellers, very seriously. As such, certain types of items, such as bootleg recordings, are not allowed on eBay, and others, such as celebrity autographs, have a range of restrictions around how…
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…
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…
As an artist or small business owner, you have likely, at some point in your career, encountered issues involving intellectual property and copyright. While copyright may sound like nothing but legal jargon to you, educating yourself on copyright and everything it can do for you is important in ensuring that you maintain business on the…
No artist during the grueling process of creating music has ever thought, “I should really register the copyright on my works to protect them from being stolen.” There are several reasons for this. First is the fact that technology used to be such that theft and proliferation of artistic works was much more difficult. At…
As a world-renowned musician or band, you have the unique ability to influence various aspects of American culture including social media usage, the success of music streaming services, and our nation’s youth. Musicians and bands have a particularly big influence on merchandise sales and the fashion retail industry. This influence dates all the way back…
Big Shot Billy Joel was running down the River Of Dreams until an unlicensed seller was selling his merchandise. Root Beer Rags, Ltd. was the authorized seller of Billy Joel merchandise who was Movin’ Out of their tent inside the Milwaukee Arena to see why they were not selling as much merchandise as they should…
Intellectual property complaints (both valid and baseless) have become somewhat of a regularity on the Amazon platform, and a common cause for seller suspensions. For Amazon sellers, intellectual property issues can be complex, but more importantly, they can cause your business to shut down completely if you lose your ability to sell. The First Sale…
Baseless IP complaints are constantly filed on the Amazon platform, and sellers who were once left without recourse now have a route to reinstatement. It seems that Amazon has ditched its old policy of instantly suspending sellers accused of intellectual property violations, and replaced it with a system that actually makes sense; not just for…
