US Copyright Fees increase tomorrow (5/1/14) 2

The US Copyright Office fees are set to increase tomorrow on May 1, 2014.  This increase includes some changes to the $35 fee for a basic copyright registration.  Currently, filing an online copyright registration for “an original work of authorship” via the US Copyright Office’s electronic filing system costs $35.  As of May 1, 2014 this basic copyright registration will be divided into two new categories. Some basic copyright registrations will still cost $35 and some will cost $55.  As of tomorrow, the $35 registration fee will be limited to apply only to works which have: a “single author, same claimant, [consist of] one work, not [a work] for hire.”

(Bargain hunters may want to take advantage of the lower fees today!)

new fees

image from US Copyright Office Website

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

For more information see, the US Copyright Office website at www.copyright.govearlier blog posts on the topic of “copyright” at www.iplegalfreebies.wordpress.com/category/c-o-p-y-r-i-g-h-t/ ; @iplegalfreebies and www.kasterlegal.com.

 

Tattoo Copyright FACE-off (Mike Tyson’s tattoo artist v. Hangover II movie) Reply

The hoopla surfacing over the unauthorized use of a copyrighted tattoo that is prominently featured in the Hangover II movie sets the stage for examining the elements of a strong copyright claim.  Elements of a strong copyright infringement claim are: 1) is the work original and vested with copyright protection; 2) was the work copied; and 3) was the work copied without authorization.

  • Is the tattoo an original work vested with copyright protection?  Copyright protection is automatically vested in an original work that has been fixed in a tangible form.  A tattoo is ‘fixed’ and if the design is original, then there isn’t any reason why it wouldn’t be covered by copyright protection.  In this instance, the tattoo artist claims that he created the design.  Hopefully he did.  However, one way that the movie studio may try to overcome this claim of originality is by researching ancient or historical tattoo patterns.  If for example, this tattoo was common among Maori-warriors, Samurai  or some other ancient sect, tribe or culture… then the artist’s claim of originality could be trumped depending on how unique and original his version is.
  • Was the tattoo copied?  You bet.  Rather blatantly… and from what I’ve read the exact copying of Mike Tyson’s tattoo is an element of the movie plot.  I just took a look at online photos of the movie character and Mike Tyson for comparison… and the tattoos are virtually identical.  (looks better on Tyson, though).
  • Was the tattoo copied without authorization?  The artist claims that he didn’t authorize the use.

As unexpected as it might seem, this has the makings of a strong copyright infringement claim.  I’m rooting for the tattoo artist… and I hope he negotiates a solid settlement.

The case is: Whitmill v. Warner Bros. Entertainment Inc. –> see Warner Bros. response at http://www.nytimes.com/interactive/2011/05/21/business/media/20110521tattoo-case-warner-brothers.html AND see also http://dockets.justia.com; @iplegalfreebies and www.kasterlegal.com.

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

Copyright protection starts automatically 2

When does copyright protection start?  It starts automatically, as soon as you create an original work.  It’s like having a baby (ie your creative, brain child)… as soon as it’s in this world it’s yours and it’s covered by copyright protection.   You don’t have to DO anything… other than create it and put it in a fixed and tangible form.

What does this mean?  As soon as you have written a song down; typed out a manuscript; applied pen or paint to paper… copyright protection starts automatically.

Using the copyright symbol © and registering your copyright with the US Copyright Office are two extra steps that give you more rights in your copyrighted work if and when you want to sell it, transfer it or protect it from being abused, misused or copied by other folks.

There is 99.999% chance that you have created original works that are already covered by copyright protection… even if you didn’t know it.

For more info SEE:

–>    How and why to use the © copyright symbol?: http://t.co/iBjePPU

–>    Copyright registration only costs $35: http://t.co/ykPmZ3T

 

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

ORIGINALITY is Key To Copyright Reply

Originality is key to securing copyright protection over a work.  This is true for literary works, sculptures, paintings, music and all varieties of creative output.  While this may seem obvious, in truth it’s a gray area.  Here are a few examples:

  • TELEPHONE DIRECTORY, WHITE PAGES:  not original; therefore, no copyright protection.
  • PHOTOGRAPH OF AN ARMFUL OF PUPPIES: is original; therefore, making a sculpture that is a deliberate copy of the photograph is a copyright violation.
  • A PAINTING: is original; however, making an engraving of the painting is not a copyright violation because of the engravers artistic use of light, shade, lines and dots.

MARDI GRAS INDIAN COSTUMES: possibly original works of sculpture.  At present the Mardi Gras Indians are seeking copyright projection for their elaborate costumes as works of sculpture.

What does this mean?  For the Mardi Gras Indians it will mean that photo releases, licenses and fees will need to be paid to the Indian sculptors before others copy, reproduce and sell their images as photographs, fine art, in calendars or on t-shirts.

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

for info on copyright registration –> http://t.co/ynaHCbX; @iplegalfreebies and www.kasterlegal.com.