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Copyright Law

Can one copyright a graphic depiction of a mood?

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            In an action to determine whether certain anthropomorphized characters representing human emotions qualify for copyright protection, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s dismissal of the action. The lawsuit was filed by Denise Daniels and The Moodster Company, who created “The Moodsters.” In their complaint, plaintiffs alleged that The Walt Disney company and Pixar infringed their copyrighted characters through the movie “Inside Out.” The Ninth Circuit also affirmed the district court’s denial of plaintiffs’ claim for breach of an implied-in-fact contract under California law based on plaintiffs’ alleged disclosure of information about…

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Will Dollar Tree’s parent company be forced to forfeit nearly 22,000 fashion dolls imported from the Canadian border that allegedly infringe Mattel’s Barbie copyright?

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In International Falls, Minnesota, agents with Customs and Border Protection seized nearly 22,000 counterfeit Barbie dolls worth almost $140,000 from a railcar. These dolls were imported by the parent company of Dollar Tree, Greenbrief International and were intended to be sold in Dollar Tree’s more than 15,000 stores operated in 48 states and five Canadian provinces. Dollar Tree is a Fortune 200 company that operates under the names Dollar Tree, Family Dollar, and Dollar TreeCanada. The fashion dolls were found in a shipping container aboard a Canadian National Railway train during an inspection at the Minnesota-Canada border. On the rail…

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Can Gigi Hadid escape liability for copyright infringement arising out of her use of a photograph of herself taken by paparazzi?

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On October 12, 2018, Gigi Hadid posted a photograph of herself on Instagram. The New York company, X-clusive Lee, Inc. (“X-clusive”), that allegedly owns the copyright to the photograph has since filed a copyright infringement lawsuit against the model seeking an injunction, statutory damages, any profits realized from the publication of the image, and attorney fees and costs. The lawsuit arises out of X-clusive’s allegation that Hadid uploaded this copyrighted photograph to her social media account without license or permission from X-clusive. Gigi Hadid is perhaps best known for her modeling for the likes of Versace, Chanel, Eli Saab, Fendi,…

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Can Peloton be held responsible for hundreds of millions in damages to music publishers based on its unlicensed inclusion of certain musical works in its exercise videos?

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Ten publishing companies that represent songwriters behind hits by the likes of Lady Gaga, Drake, and Rihanna filed a lawsuit against Peloton, the fitness technology company, alleging copyright infringement. Specifically, the publishers complain that the fitness company has used over 1,000 of its copyrighted musical works without permission since 2017. In response, Peloton began removing classes from its repertoire that feature songs the publishers claim were being used without proper licenses. Peloton is one of the world’s most successful fitness and technology companies. Since its inception in 2012, Peloton has more than 600,000 subscriber members and is reported to be…

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COPYRIGHTING A DREAM

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Selma and the Intellectual Property involving Dr. King’s famed speeches. Best Picture Oscar Nominee, Selma is a a cinematic portrayal of Dr. Martin Luther King, Jr.’s legendary march from Selma to Montgomery, Alabama in support of the Voter Right’s Act of 1965. Despite the film’s many accolades, history buffs have been quick to raise criticism for its technically inaccurate portrayals of King’s famous speeches. In an effort to avoid violating the copyrights held by King’s estate – which have been reportedly licensed to DreamWorks and Warner Bros. for use in an upcoming film – director Ava DuVernay chose instead to…
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‘I CANNOT LIVE WITHOUT BRAIN- WORK. WHAT ELSE IS THERE TO LIVE FOR? – SHERLOCK HOLMES

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The famous literary detective Sherlock Holmes experienced a renaissance when new breath was given to him by Robert Downey, Dr. in the Guy Richie films and, more recently, in the television shows Sherlock and Elementary. Since then, the copyright status of Detective Holmes has become a subject of much debate and, inearly 2013, scholar Leslie Klinger brought suit a to determine who indeed owned these rights. In a suit brought against the estate of the detectives creator Sir Arthur Conan Doyle, Klinger asked the courts to rule that the characters and other elements featured in 46 short stories and 4…
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Copyright Law: FIGHT FOR YOUR RIGHT…

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The Beastie Boys are threatening to take legal action over a video set to their 1986 song “Girls.” This video depicts children building a Rube Goldberg-type machine and replaces lyrics such as “Girls — to do the dishes/ Girls — to clean up my room/” with the less offensive “Girls – to build the spaceship/ Girls — to code the new app.” The video’s creator is claiming protection under the copyright doctrine of parody which is a form of fair use while attorney’s for the Beastie Boys assert the video is a “big problem” that has a “very significant impact.”…
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