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copyright law
On June 4, 2019, news publication, Bloomberg Law, quoted Jeffrey E. Jacobson, Esq., President of The Jacobson Firm, P.C. on the pending lawsuit between NBA player, Kawhi Leonard and athletic apparel company, Nike regarding copyright and trademark protections.  In particular, Mr. Jacobson commented on the potential novel issue existing between a trademark rights holder and...
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Current Best Practices for CopyrightBy Jeffrey E. Jacobson The Supreme Court’s recent decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC is a wake-up call and crucial reminder on the importance of timely copyright registrations.  Which works to register is always a question.  In an ideal world, we would register everything; however that can...
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Copyright Protection of Dance Choreography In The U.S. By Justin M. Jacobson & Jeffrey E. Jacobson Recently, several lawsuits were filed against Epic Games, the creator of the game “Fortnite,” for the alleged usage of protected dance choreography in their product.  In particular, the game developer was providing and monetizing “emotes.”  The in-game “emotes” are...
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Copyrights & Tattoos By Justin M. Jacobson & Jeffrey E. Jacobson Recent cases involving boxer Mike Tyson’s tribal tattoo displayed on an actor in the motion picture, The Hangover 2 as well as the increased usage in video-games of NFL, NBA and WWE “real life” characters, including reproducing identifiable tattoos that these athletes possess, has...
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Copyright Infringement In The U.S. By Jeffrey E. Jacobson & Justin M. Jacobson In instances when an owner of a protected work, such as a book, motion picture, or a song, believes another party is utilizing the same work in violation of the original owner’s rights, that party may institute a copyright infringement suit.  In...
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Copyright Small Claims By Jeffrey E. Jacobson, Esq. Based on a 2013 study by the Copyright Office, legislation has been introduced in Congress to establish a “Small Claims” copyright adjudication system.  The current bill would create a three “judge” panel called the Copyright Claims Board within the Copyright Office.  This new tribunal will be modeled...
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Copyrights of Factual Creations By Jeffrey E. Jacobson, Esq. Copyrights do not protect facts or ideas; rather, they protect the expression of them.  Consequently, the fact that Columbus discovered America is not protectable by copyright.  However, the fanciful expression that “Columbus sailed the Ocean Blue in fourteen hundred ninety two” may be. Factual compilations used...
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02/09/2018 – Copyright Law Update: “Design Protection” In “Useful Articles” By Jeffrey E. Jacobson, Esq.             The Supreme Court decision in Star Athletica v. Varsity Brands last year clarified the law on copyrightability of the creative elements in useful articles. That case involved alleged copyright infringement of cheerleading uniforms. Since a uniform is a useful...
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Copyright & Music Business Announcement – Mechanical Royalty Rate Increases (01-29-2018) – Today, The Copyright Royalty Board, the body responsible for setting the statutory rates, has increased the U.S. mechanical royalty Rate.  A mechanical license is used to “reproduce and distribute copyrighted musical compositions (songs) on CDs, records, tapes, or permanent digital downloads.” This means...
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The Legalities Of A “Cover” Song By Justin M. Jacobson, Esq. It is natural for musicians to record other people’s tunes.  The subsequent version of an original song is called a “cover.”  The creation and distribution of cover songs has become an increasingly widespread trend.  It continues to explode with the increased usage of social...
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