by administrator | Mar 23, 2020 | FAQ
Answer: While words or short phrases in and of themselves are not necessarily protected by copyright, you should be very reluctant to ever place song lyrics on a T-shirt or other media without first obtaining permission. Particularly, if the lyrics selected are catchy, they could be protected by other doctrines such as trademark law. Even the small use of a song lyric might be considered copyright infringement if it is a significant...
by administrator | Mar 23, 2020 | FAQ
Answer: People often confuse copyrights and trademarks. There is some overlap. A copyright protects entire original works of authorship once they are “fixed in a tangible form.” Copyrights exist automatically once the work is put into tangible form. For additional protection, original works can be registered with the U.S. Copyright Office. By contrast, trademarks are specific words, symbols, logos, designs or phrases that are used to identify the source of a product or service and distinguish it from other products or services. Song lyrics, for example, are typically copyrighted. However, a key phrase from a song lyric, if applied to goods or used in connection with services, can also become a trademark. A company logo can function as a source identifier for the business and enjoy trademark protection as such. At the same time, if the logo includes original artwork, the artwork and design of the logo may also separately be protected under copyright. Trademark protection extends to a logo’s use as a source identifier for specific goods and services. Trademarks are actually intended to protect the general public, ensuring that relevant consumers can expect a certain quality with respect to services offered. There are certain inherent limitations in the extent and scope of trademark protection for logos. First and foremost is the focus on the nature of the services. Trademark protection for logos is typically limited to the specific class or classes of goods and services covered by the registration, or as otherwise utilized by the trademark owner under what are known as common law trademark rights. Protection for “famous” logos that have acquired “secondary meaning,” such as...
by administrator | Mar 23, 2020 | FAQ
Answer: Trademarks are words, symbols, logos, designs, or phrases used to identify the source of a product or service and to distinguish it from others’ products or services. A trademark is associated with products alone, while a service mark is associated with services, such as business consulting. The term “trademark” is often used to refer to both trademarks and service marks. Trademarks can be word marks or design marks. Word marks consist of a word or words alone. Design marks consist of a design alone, a design combined with words, or words in stylized...
by administrator | Mar 23, 2020 | FAQ
Answer: A work-made-for-hire is a special exception to the general rule that the person who creates a work is the “author” of that work. When a work is created in an employment context, the employer, rather than the employee, is typically considered the “author.” Another way to think of this is that works-made-for-hire are works made by employees on behalf of their employers within the scope of their employment. In addition, there are nine special categories of works which may be considered works-made-for-hire, even if they are not created by employees but are created outside of the employment context: A specially commissioned work for use as part of a motion picture or other audio visual work, a translation, or a musical arrangement, to cite a few examples, can become works-made-for-hire provided there is a written agreement between the parties so specifying. Other types of works, such as sound recordings, can never be considered works-made-for-hire outside of an employment...
by administrator | Mar 23, 2020 | FAQ
Answer: As an express statutory exception to the exclusive rights of copyright owners, the “fair use” of a copyrighted work, or portions thereof, for purposes such as criticism, comment, news reporting, teaching, scholarship or research, is not an infringement of copyright. However, there are no exact rules for how much use is considered fair. Rather, fair use is determined on a case-by-case basis under an intentionally flexible four-factor analysis or test: (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. Courts have varied widely in their interpretation and application of the fair use test, which is technically a defense to copyright infringement to be raised in litigation. Nevertheless, certain general observations pertaining to use of quotations under a fair use analysis should be noted: The mere fact that a publisher is a for-profit entity engaging in commercial publishing activities is not dispositive. Courts have found fair use even in circumstances where the use was made purely for commercial advertising and promotional purposes.Publishers and authors have a First Amendment right to engage in criticism and comment, and the full exercise of free speech rights, by necessity, must include the ability to reprint appropriate portions of third-party text. The fair use exception is intended to safeguard these First Amendment free speech rights.While fair use...
