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Category: Derivative works


Halloween Edition: Copyright for Banana Costume is upheld on A-Peel
October 30, 2019
Post by Brandon W. Clark
The Third Circuit recently held that a banana costume qualified for copyright protection as Rasta Imposta, a retail wholesaler of Halloween costumes, sued Kangaroo Manufacturing, a costume manufacturer, for copyright infringement, trade dress infringement, and unfair competition after Rasta discovered Kangaroo selling a banana costume that resembled one of Rasta’s costumes without a license. The costumes.......
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Rapper Sues the Makers of Fortnite Claiming Copyright Infringement of Dance Moves
December 07, 2018
Post by Brandon W. Clark
Rapper 2 Milly has filed a copyright and right of publicity lawsuit against the makers of the Fortnite video game claiming that they are illegally using a dance move that he created in their wildly popular video game. The Brooklyn-based rapper, whose real name is Terrence Ferguson, alleges that Fortnite-maker Epic Games is misappropriating his dance moves without permission, compensation, or credit........
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Hollywood Studios Prevail Against Family-Friendly Video Streaming Site
September 14, 2017
Post by Brandon W. Clark
In a 3-0 ruling, a federal appeals court sided with Disney, Warner Bros., and Twentieth Century Fox by affirming an injunction that shut down movie filtering service VidAngel, Inc., saying that a ruling to the contrary would “create a giant loophole in copyright law”. VidAngel is a video filtering service that lets users stream films without nudity, violence, and alcohol and drug use. The company buys DVDs o.......
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Copyright Infringement and Fair Use in a Digital World
January 26, 2017
Post by Brandon W. Clark
In the most general sense, copyright infringement is copying, or using, a work protected by copyright without permission from the copyright owner. Almost inevitably, soon after you hear the words "copyright infringement", you will also hear the words "fair use". Fair use is one of the most frequently discussed defenses to copyright infringement but it is also one of the least understood. This article i.......
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Derivative Works and Remastered Sound Recordings
June 16, 2016
Post by Brandon W. Clark
Brandon W. Clark A recently decided court case regarding remastered versions of pre-1972 sound recordings could have significant legal and practical implications for musicians, recording artists, sound engineers, and record labels. Judge Perry Anderson, of the United States District Court for the Central District of California, recently granted Summary Judgment for CBS Radio Inc. .......
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Copyright 3-year Statute of Limitations Trumps Laches Defense
May 20, 2014
Post by Blog Staff
PETRELLA v. METRO-GOLDWYN-MAYER, INC. Frank Petrella wrote two screenplays and one book based on the life of boxing champion Jake LaMotta. One of the screenplays, registered in 1963, identifies Patrella as the sole author, written in collaboration with LaMotta. LaMotta and Patrella assigned their rights in the screenplay, including renewal rights, to Chartoff-Winkler Productions, Inc. in 1976, who in turn sold.......
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Eleventh Circuit: Laches presumed not to apply in copyright case filed during limitations period
July 17, 2008
Post by Blog Staff
In a decision last week, the Eleventh Circuit affirmed in part and vacated in part a district court decision granting summary judgment in a copyright infringement action. The central disagreement between the parties was over the scope of copyright protection in a book about sales techniques. The district court granted the defendant's motion for summary judgment, finding fair use and laches precluded recover.......
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Ninth Circuit: Heirs of "Pink Panther" coauthor do not retain interest in copyright in the films
June 25, 2008
Post by Blog Staff
In a decision last week, the Ninth Circuit affirmed the district court's grant of summary judgment in a copyright case, holding that a coauthor of a story treatment is not necessarily a coauthor of a motion picture produced based on that treatment, and the factors applied to determine coauthorship led to the conclusion that the coauthor of the treatment was not a coauthor of the motion picture. In this case,.......
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Fourth Circuit affirms refusal of copyright registration: insufficient creativity
May 25, 2007
Post by Blog Staff
The Fourth Circuit yesterday affirmed the denial of copyright registration to an individual who had adapted United States Census maps for use on his website. The only changes to the maps were the addition of colors, changing the typeface of the state abbreviations, and a change in layout for some of the state indications. The court affirmed the Copyright Office's determination that the adapted maps were .......
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Ninth Circuit defines differences between derivative and collective works
May 01, 2007
Post by Blog Staff
Yesterday, the Ninth Circuit decided a copyright case dealing with the differences between derivative and collective works. The defendant took photographs which were licensed to it individually by the plaintiff and, after the term of its license had expired, modified the photographs and integrated them into "collage" advertisements.The court held that these advertisements were derivative works rather t.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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