When to Register a New Version of a Work

Ernest Hemingway famously said that “The only kind of writing is rewriting.” Whether creators agree with that rule, one question we hear frequently is, “When should I register a new version of my work?” Here are some basics to help you with that decision: You might know that copyright protection applies automatically the moment yourContinue reading “When to Register a New Version of a Work”

Foreign Authors Must Register in the U.S. for Full Protection

Are you a foreign author? Foreign to the United States, that is. We Americans can be like that sometimes. And unfortunately, our copyright law is the same. Like almost every copyright law in the world, the U.S. Copyright Act promises that protection arises automatically at the moment a work is created. And in the formalContinue reading “Foreign Authors Must Register in the U.S. for Full Protection”

Big Win for Creators in Internet Archive Case

This week, the Second Circuit issued its ruling in the copyright infringement case brought against the Internet Archive over the unlicensed copying and distribution of the major book publishers. The Second Circuit ruled in favor of the publishers. Several years ago, the Internet Archive (IA), first known for its internet page preservation efforts, the WaybackContinue reading “Big Win for Creators in Internet Archive Case”

Protecting Copyright Isn’t Always About Money

In 2013, The Beastie Boys filed suit against the girl-oriented, creative toy company GoldieBlox. Not for the money, but for the principle. GoldieBlox had created a derivative of the band’s song “Girls” and used the new version in a video promo. When the case settled months later, the agreement included an apology to the bandContinue reading “Protecting Copyright Isn’t Always About Money”

Copyright Registration for Screenwriters

Copyright registration of your screenplay, especially if you write it on spec, is a good idea. But there are some common questions and considerations that we often seen from screenwriters, and so we offer the following guidance: Writers Guild + Copyright Registration Registering your screenplay with the Writers Guild of America (WGA) is a goodContinue reading “Copyright Registration for Screenwriters”

World Photography Day: AI and the Photographic Copyright

Happy World Photography Day! Napoleon Sarony was the most famous celebrity photographer of the late 19th century. His studios in New York City, especially his final location at Union Square, were visited by actors, politicians, artists, writers, military leaders, et al. whose portraits were made into cabinet cards—a popular collectible of the era. Not everyoneContinue reading “World Photography Day: AI and the Photographic Copyright”

Court Strengthens Protection for Visual Artists

In November 2023, we discussed the “server test” (or server rule) as a controversial defense to copyright infringement used by website operators. To reiterate the basics, when a web platform “displays” a work (usually a photograph or illustration) by embedding a link that points to another party’s server, the Ninth Circuit has held that thisContinue reading “Court Strengthens Protection for Visual Artists”

The Lucky Shot May Be Quite Valuable

Everyone owns copyrights. But not everyone has a need to enforce their rights. As an operation of law, copyright rights “attach” to a work the moment it is created—and the most common type of work that almost everybody creates is the photograph. Typically, we tend to think about copyright in context to professional photography, andContinue reading “The Lucky Shot May Be Quite Valuable”

Federal Court Affirms: Memes are not a Copyright-Free Zone

We’ve all become accustomed to the never-ending parade of iconic images that get picked up as viral “memes.” From Grumpy Cat to Distracted Boyfriend and many more, people seize on images that starkly convey basic emotions and copy them, adding their own context, often to humorous ends. But somewhere there is a photographer who tookContinue reading “Federal Court Affirms: Memes are not a Copyright-Free Zone”