Copyrighted content is owned by the party (a human) who initially creates the original work in a tangible format. Whether a business owns content will depend on the nature of the employment relationship with the party creating the content and, in some cases, whether written agreements have been executed naming the business as the owner of the copyright. Read post for an explanation of typical copyright ownership issues and how to avoid them.
Read MoreWhere available, securing both trademark and copyright registration for a logo provides additional protection and benefits, including the ability to bring two separate causes of action in an infringement suit and the potential for two separate damages awards.
Read MoreThe Supreme Court confirmed that the Copyright Act imposes no independent time-based limit on damages, meaning a plaintiff who timely files an infringement claim may recover monetary relief for infringements occurring well beyond the three years preceding the lawsuit.
Read MoreCopyright troll cases involving photographs are less about actual infringement damages and more about exploiting statutory remedies and litigation costs, making early evidence preservation, informed settlement strategy, and procedural pressure critical tools for an effective defense.
Read MoreThe Copyright Claims Board creates a lower-cost, remote forum for resolving small copyright disputes, but its voluntary nature and capped remedies mean it is best viewed as a strategic tool and not a replacement for federal copyright litigation.
Read MoreWhile rhythms are typically considered unprotectable building blocks of music, this lawsuit tests whether a widely adopted and culturally influential beat can cross the line into copyrightable expression under evolving interpretations of music copyright law.
Read MoreBecause copyright ownership begins with the author, properly documenting and recording copyright assignments is essential to ensure enforceable rights, clear chains of title, and long-term protection of creative assets.
Read MoreThe Birthday Song’s journey from classroom tune to multimillion-dollar asset, and ultimately to the public domain, demonstrates how early copyright registration, clear ownership records, and careful enforcement can determine whether creative works generate lasting value or invite costly legal challenges decades later.
Read MoreWhile copyright exists automatically upon creation, registration transforms that right into a powerful enforcement tool by opening the door to federal litigation, presumptions of ownership, and enhanced remedies that protect the value of creative works.
Read MoreAs AI-generated art becomes more prominent, the gap between rapidly advancing technology and existing copyright doctrine continues to widen, raising unresolved questions about ownership, authorship, and whether humans involved in the creative process may ultimately claim compensable rights.
Read MoreWhile copyright infringement is usually a civil matter, willful software piracy carried out for profit, especially when it involves bypassing license protections, can result in criminal convictions, substantial penalties, and lasting consequences for both individuals and businesses.
Read MoreBy treating embedded images as licensed through social media platforms rather than through creators themselves, the court’s ruling significantly narrows copyright protections and raises new challenges for artists seeking control over how their work is used online.
Read MoreBy challenging the MMA’s copyright control provision under the Fifth Amendment, Eminem’s lawsuit could reshape how streaming services license music and compensate copyright owners in the digital age.
Read MoreThe Supreme Court’s decision on whether copyright registration is required before filing suit will shape how quickly and affordably creators can enforce their rights under U.S. copyright law.
Read MoreAlthough many iconic European buildings appear to be in the public domain, separate copyrights, such as architectural features or lighting designs, can significantly restrict photography. Given the EU’s fragmented approach to freedom of panorama, businesses and photographers should seek legal guidance before using landmark images commercially abroad.
Read MoreNot all Christmas music is free to use, and public performances of copyrighted holiday songs often require a license. Knowing which songs are in the public domain helps avoid legal issues while still spreading seasonal cheer.
Read MoreA copyright notice is a statement included on a copyrighted work (or its method of distribution) notifying the public of a claimed copyright in the content.
Read MoreCopyright counterfeiting may often be overlooked as another form of copyright infringement. In many instances, the original good that was counterfeited will have a copyright and therefore the unauthorized act of copying a copyrighted work constitutes an act of infringement.
Read MoreSection 504 of the Copyright Act provides for the recovery of damages as follows:
Except as otherwise provided by this title, an infringer of copyright is liable for either—the copyright owner’s actual damages and any additional profits of the infringer, as provided by subsection (b); or statutory damages, as provided by subsection (c). 17 U.S.C. § 504 (a).
Read MoreCopyrights are automatically created when someone creates an original work of authorship that is fixed in a tangible form. The idea itself is not copyrightable. It is only when the idea is fixed into a tangible form, like putting a tune in one’s head to sheet music, that said form is now protectable by copyright. And the concept of originality is not absolute, as parodies and satire are protectable works.
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