In casual conversation or art criticism, we tend to use the word original to describe a new work that stands out for one reason or another. But in the world of copyright law, original is not that kind of judgment. Instead, it is a minimum standard for claiming authorship in a work. In fact, theContinue reading “What is Original in Copyright Law?”
Author Archives: David Newhoff
SCOTUS Decision a Win for Copyright Owners
This morning, in the case Warner Chappell Music, Inc. v. Nealy, the Supreme Court decided how far back a plaintiff can recover damages for copyright infringement. The decision is a win for copyright owners. A Decade of Infringement The Copyright Act has a statute of limitations of three years, and it is generally agreed thatContinue reading “SCOTUS Decision a Win for Copyright Owners”
AI and Copyright Registration
If you’re feeling confused about copyright and artificial intelligence, you’re not alone. Many of the issues and conflicts related to this topic are going to work their way through lawsuits and policy changes over the next few years. Meanwhile, the Copyright Office has issued guidelines for registering a work that contains some element(s) produced withContinue reading “AI and Copyright Registration”
5 Reasons Photographers Should Build Copyright Registration into the Budget
It’s affordable. As an afterthought, any kind of fee might seem pricey. But when you’re planning a project, accommodating less than $100 is probably easy. And because that will cover the registration of up to 750 images on one application, you can protect the photos from a whole job, or possibly more than one job.Continue reading “5 Reasons Photographers Should Build Copyright Registration into the Budget”
Taking Action: DMCA Takedown & Responding to the Infringer of Your Work
When you discover an unauthorized use of your work on a website, there are often two separate but related steps you can take. RightsClick is designed to help you do both and to help you keep track of these actions in your already busy schedule. First, it is essential to understand the difference between theContinue reading “Taking Action: DMCA Takedown & Responding to the Infringer of Your Work”
Understanding Limit of Claim in Copyright Registration
When you submit an application to register your work, the Copyright Office asks you to state what you authored and also to “limit” your claim by noting elements of the work that are either someone else’s authorship, or even your own prior authorship. While that can be confusing, it’s actually not too hard. Claiming copyrightContinue reading “Understanding Limit of Claim in Copyright Registration”
Tepp to Speak on NY Times v. OpenAI
On Tuesday, March 12 at Noon EDT, RightsClick co-founder Steve Tepp will join a panel discussing the copyright case NY Times v. OpenAI. The Times alleges copyright infringement by parent company Microsoft and its OpenAI subsidiary, which operates the ChatGPT generative AI platform. Like many authors and other creators, the Times is suing for theContinue reading “Tepp to Speak on NY Times v. OpenAI”
Do You Have To Put the © On Your Work?
The “c” in a circle: © is is a world-famous symbol, and yet it is no longer required for protecting works under U.S. copyright law. In fact, this has been true for many years, but here are some things about what the legal profession calls “copyright notice” that you should know: For eighty years –Continue reading “Do You Have To Put the © On Your Work?”
Did You Publish Photographs in 2023?
As the year draws to a close, we want to remind photographers in particular about group registration of published photographs. Ideally, your work is best protected when it’s registered with the Copyright Office before it leaves the studio. But deadlines and schedules being what they are, we know that registration often slips through the cracks.Continue reading “Did You Publish Photographs in 2023?”
The “Server Test” – A Shell Game in Copyright Law
Suppose you come across one of your images on a news site, blog, or promotional site– a common occurrence for many creators. You’re certain that you didn’t give permission to use the image, but when you contact the site owner about the use, they tell you it isn’t on their website. But of course, itContinue reading “The “Server Test” – A Shell Game in Copyright Law”