Inspired by 19th Century Imperial Robes (Copyright & Design) Reply

Splendid 19th century imperial robes from China inspire modern fashion reddesigns in a new costume exhibit at the Metropolitan Museum of Art (titled: China Through the Looking Glass).  A fascinating element of this exhibit is that the imperial robes and the modern, couture gowns are displayed side-by-side.  While the styles, silhouettes and lines of the old and new fashions are drastically different, the inspiration linking the old and new is clear, including, borrowed colors, designs and artwork.

Borrowing colors, designs and artwork isn’t always free and easy.  Copyright laws in countries around the world vest the original creators and owners of designs and artwork with a bundle of exclusive rights to control the use and copying of their original designs and artwork.  However, these exclusive rights only last for a finite period of time. The duration of these exclusive rights varies country by country depending upon the national copyright laws.  The copyright laws in each country outline the length of time that the exclusive rights last (also known as the “term of copyright”).  Once the term of copyright expires, the work becomes part of the public domain and is free to use and copy.

Treat yourself to a visit of this exhibit, if you can. I give it two glamorous thumbs up.

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

vk@kasterlegal.com

See also: other blog posts on public domain at http://wp.me/p10nNq-ft and www.iplegalfreebies.wordpress.com/category/public-domain; a blog post on Traditional Knowledge of indigenous people and tribes which can be an exception to public domain works at http://wp.me/p10nNq-AC; information about the MET costume exhibit at http://www.metmuseum.org/exhibitions/listings/2015/china-through-the-looking-glass/images; @iplegalfreebies and www.kasterlegal.com.

 

Benefits of US Copyright Registration Reply

Copyright vests automatically in an original work once it is ‘fixed’ in a tangible dollar (2)form.  While copyright vests automatically, it can also be advantageous to register an original work for copyright registration with the US Copyright Office.  Registering a work with the US Copyright Office is not a requirement but it can be beneficial for the following reasons:

  • Registration with the US Copyright Office establishes a public record of the basic facts including ownership of an original work.
  • Before an lawsuit may be filed against someone infringing your work, registration is necessary with the US Copyright Office for works of US origin.
  • If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions.  Otherwise, only an award of actual damages and profits is available to the copyright owner.
  • If registration is made within 5 years of publication of the work, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
  • Registration with the US Copyright Office allows the owner of the copyright to record the registration with the US Customs Service for protection against importation of infringing copies.

It is possible to file for US Copyright Registration at anytime within the life of the copyrighted work.  Currently, it only costs $35 to file an application with the US Copyright Office for registration.

The term of copyright protection for a work created on or after January 1, 1978 is for the life of the author plus 70 years (or if a work is made for hire the term of copyright protection is 95 years from the date of publication or 120 years from the date of creation, whichever expires first.)

Wishing all of you reading this post a Happy New Year!   Starting off the new year with a reminder that all your original creative content that is written down, drawn, painted, recorded, sculpted or otherwise fixed… is automatically vested with copyright feels auspicious.  As detailed above, taking the extra step to register your work with the US Copyright Office can be beneficial.

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

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

For more information see, Circular 1, Copyright Basics; Circular 15A, Duration of Copyright. and all the information circulars and fact sheets available at the US Copyright Office website: http://www.copyright.gov/circs/; and also an earlier post “Copyright Protection Only Costs $35“; @iplegalfreebies and www.kasterlegal.com.

Summary for Photographers of IP Legal Freebies: Reply

And a few lagniappe topics:

This post is a valentine for my mom… who will be lecturing on this topic for other authors and photographers over the weekend.

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

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

 

What I would tell Jaki Byard (about copyright law) 1

The late, great Jaki Byard was a musical genius and like ALL artists Jaki created TONS of intellectual property. Undoubtedly he created more original, copyrightable works than he even knew. Like so many artists… when your art just flows… and your groove is strong… it’s easy to overlook ways to protect and monetize your work. (I studied jazz piano with Jaki a few years before I went to law school and became an intellectual property attorney).

What advice would I give Jaki today? I would insist that Jaki copyright his work. Jaki created exquisite handwritten piano exercises and warm-ups …complete with elaborate pencil-drawing covers. They were remarkable in all respects. And if Jaki were still alive today, I would take the F train out to his home in Queens and insist that he copyright and publish these. (Yes, Jaki also had volumes of recordings and other music… I suspect a large portion of these works are copyrighted and still paying royalties).

Is sheet music of warm-up exercises copyrightable? Yes! If they are original, they are copyrightable.

Will people buy them… is another question… however, it only costs $35 to register your work with the US Copyright Office. This is a nominal investment. I would have paid it on Jaki’s behalf in a heartbeat.

(Jaki Byard was a jazz legend and a brilliant teacher. He passed away February 11, 1999 and lives on in his music).

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

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

 

For more info on how to register your work with the US Copyright Office —> http://t.co/ynaHCbX and http://www.copyright.gov and a tribute to Jaki —> http://www.villagevoice.com/1999-03-09/music/jaki-byard-1922-1999/; @iplegalfreebies and www.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.