IP Prof Blog by Tonya M. Evans

EVENT ALERT: Professor Evans to Speak the Maryland Writers Conference 4-24-10

2010-04-22T21:37:00.002-04:00

On Saturday, April 24, 2010, Professor Tonya M. Evans, intellectual property and literary law expert and award-winning author of a series of legal reference guides for writers, will present a lively and engaging presentation on some of the most common and pressing legal issues and hot topics facing writers and other creative people in the twenty-first century.

Topics sure to be covered include how copyright is created and protected, what is considered a fair use in print and on the Internet, what can and cannot be copyrighted, how legally to refer to real people, places, and events in one’s own work, the real deal about the myth of the Poor Man’s copyright, and the critical timing of when to register your work with the Copyright Office. Plus, Professor Evans will field audience questions and sign copies of her books during the event, including Literary Law Guide for Authors, Copyright Companion for Writers, and Contracts Companion for Writers (all available at the newly redesigned Legal Write Publications website!).

The Maryland Writers' Association (MWA) is a voluntary, not-for-profit organization dedicated to promoting the art, business, and craft of writing. MWA strives to bring together writers of all levels and disciplines, serve as an information resource, help members make contacts that lead to publication, encourage writers to reach their full potential, and promote writing within the community.MWA's diverse membership ranges from professional freelancers and published authors, to writers aspiring to be published and those who write as a creative outlet.

Professor Evans Presents Paper at 2010 IP Scholars Conference @ Drake Law

2010-03-26T10:21:00.001-04:00

Today Professor Evans presents her article title "Sampling, Looping and Mashing ... Oh My! How Hip Hop is Scratching More Than the Surface of Copyright Law" at the 2010 Intellectual Property Scholars Roundtable held at Drake University Law School. This roundtable brings together intellectual property and technology law scholars from around the world to present their works-in-progress. This interdisciplinary roundtable provides academics with a forum for sharing their latest research and an opportunity for peer networking.

More information

Tonya discusses IP, Technology & Web 2.0 on Smart Talk Radio - 3/17/10

2010-03-16T21:33:00.000-04:00

I will be on Smart Talk Radio, Tuesday March 17th at 9:00 AM EST talking about intellectual property and technology in the 21st century, and Web 2.0. Tune in to listen, learn and laugh during this informative and informal chat with host Scott Gilbert. This show is a follow up to a symposium titled recently held at Widener University School of Law - Harrisburg, hosted by the Widener Law Journal.

The event, held on Feb. 22nd, titled “Internet Expression in the 21st Century: Where Technology and Law Collide” featured four panels throughout the day, focused on topics of privacy, criminal procedure, intellectual property, and ethics. Nearly 75 people attended. Conversation centered on ways new media, like Facebook and Twitter, have woven themselves into the fabric of our lives, and their potential to force changes in legal protections and individual constitutional freedoms.

Tune in to listen and learn about this hot topic in an informal and engaging format.

NYC Bound to Present at the 2010 ASPICOMM Self-Publishing Symposium

2010-03-04T23:38:00.000-05:00

Join me this Sunday, March 7, 2010, at the 4th Annual Self-Publishing Symposium to be held at the Schomburg Center in NYC.

I will share insider secrets and valuable information about the legal matters that matter to writers. Whether you’re a self-published author, small/independent press or writer considering self-publishing, you won’t want to miss this opportunity learn successful business strategies from industry experts, network with professionals and make powerful connections, and grow your business to new heights.

More info ...

'10 Digital Music Report Says Industry Still Reeling from P2P & New Forms of Infringement

2010-02-17T23:35:00.000-05:00

Copyright 2010 Tonya M. Evans info@legalwritepublications.com. Limited license granted to copy and distribute this post provided such copying and distributing is of the entire post, and includes the author's copyright and contact information. All other rights reserved.

The International Federation for the Phonographic Industry (IFPI) reports in its 2010 Digital Music Report (pdf) that despite hundreds of legit online music offerings (Pandora, Live365 etc.) and higher revenues in 2009, the music industry remains damaged by peer-to-peer file sharing and other forms of online infringement. Conflicting case law internationally, reports the IFPI, is further muddying the waters.

The IFPI has argued for several years that internet service providers (ISPs) "should take more responsibility for policing their networks through a 'graduated response' (or ‘three-strikes and you’re out’) mechanism that includes notices and warning letters to suspected infringers followed by internet access suspension if the first two stages are ineffective." Read more at IP-Watch.org.

Professor Tonya M. Evans
www.ProfTonyaEvans.com
ipprof.blogspot.com

Did you know ... Benefits of Copyright Registration

2010-02-17T22:46:00.000-05:00

Registration of your copyright with The Copyright Office creates a public record of the facts and circumstances pertaining to it. While registration is not necessary for your copyright to exist, You should register it for further protection. The Copyright Act gives you certain advantages under the law if you do register your work.

More information available in FREE e-Reports and Literary Law Guide for Authors: Copyright, Trademark and Contracts in Plain Language.

Types of Registration

Google Objects to Goojje in China

2010-02-11T10:56:00.000-05:00

Copyright 2009 Tonya M. Evans info@legalwritepublications.com. Limited license granted to copy and distribute this post provided such copying and distributing is of the entire post, and includes the author's copyright and contact information. All other rights reserved.

"Imitation Web sites of both Google and YouTube have emerged in China as the country faces off against the real Google over its local operations." Read more about Google/YouTube Knockoff Goojje

Court Reduces Shocking File Sharing Award

2010-01-26T22:18:00.004-05:00

"A federal judge on Friday reduced a $1.92 million file sharing verdict to $54,000 after concluding the award for infringing 24 songs was “shocking.”"

Posted using ShareThis

Soundtracks vs. Comebacks: Music Sampling Gets Scored

2010-01-25T17:17:00.000-05:00

Interesting commentary about the reliance on and legal pitfalls of sampling in hip hop music.

I welcome your comments on the following question: Why do hip hop artists and producers prefer to sample the actual performance of a song (which includes rights in the musical composition a/k/a underlying work and and the actual sound recording) rather than just re-create the sounds in studio? Your thoughts?

Soundtracks vs. Comebacks: Music Sampling Gets Scored

Broadcast Premiere on PBS’s Emmy Award-Winning Documentary Series Copyright Criminals

2010-01-18T10:42:00.002-05:00

Broadcast Premiere

January 19, 2010

This compelling Doc asks ...

"Can you own a sound?"

Copyright Criminals examines the creative and commercial value of musical sampling, including the related debates over artistic expression, copyright law, and (of course) money.

This documentary traces the rise of hip-hop from the urban streets of New York to its current status as a multibillion-dollar industry. For more than thirty years, innovative hip-hop performers and producers have been re-using portions of previously recorded music in new, otherwise original compositions. When lawyers and record companies got involved, what was once referred to as a “borrowed melody” became a “copyright infringement.”The film showcases many of hip-hop music’s founding figures like Public Enemy, De La Soul, and Digital Underground—while also featuring emerging hip-hop artists from record labels Definitive Jux, Rhymesayers, Ninja Tune, and more.

It also provides an in-depth look at artists who have been sampled, such as Clyde Stubblefield (James Brown’s drummer and the world’s most sampled musician), as well as commentary by another highly sampled musician, funk legend George Clinton.As artists find ever more inventive ways to insert old influences into new material, this documentary asks a critical question, on behalf of an entire creative community: Can you own a sound?

Support for Copyright Criminals provided in part by the Independent Television Service, Ford Foundation, MacArthur Foundation, and the University of Iowa.

"...an amazing documentary on the history of sampling" -Rob Sheffield. Contributing Editor, Rolling Stone

USA Today calls Copyright Criminals "...a compelling and insightful documentary illuminating both sides of a hotly debated issue."

Tonya Chats with Denise Turney on BlogTalkRadio this Saturday!

2010-01-08T13:06:00.001-05:00

Greetings,

Be sure to tune in on Saturday at 11 AM (EDT) when I sit down with Denise Turney and talk openly about how entertainment, book and major motion picture movie contracts are written to profit record, book publishers and film companies ? not artists.

I will also examine how literary agents and attorneys help or hurt a writer?s career. Listeners who tune into the one-hour feature interview will learn key contract agreements to look for or request before they sign a record, book or major motion picture deal. Listeners will also learn what they can do to get their finances and product rights in order in the event that they have already signed a bad contract.

Plus, I will be giving away complimentary copies of my books!

More information and to tune in to BlogTalkRadio.com ...

http://www.blogtalkradio.com/denise-turney-

First Annual "World Fair Use Day" Coming 1/12/2010!

2010-01-08T00:11:00.001-05:00

World?s Fair Use Day (WFUD) is a free, all-day celebration of the doctrine of fair use: the legal right that allows innovators and creators to make particular uses of copyrighted materials. WFUD will take place at the Newseum in Washington D.C. on Tuesday January 12, 2010, and will be organized by Public Knowledge (PK), a Washington D.C.-based non-profit, consumer-advocacy group. PK works to ensure that communications and intellectual property policies encourage creativity, further free expression and discourse and provide universal access to knowledge. As part of its campaign to return balance to copyright law, PK hopes to use WFUD to educate the public about the importance of fair use in an information society.

WFUD will be widely attended and will provide attendees with a unique opportunity to network with policymakers, artists, academics, business innovators, media professionals, press, and consumer advocates.

To RSVP (events are free!) and for details visit http://wfud.info.

"Did you know ..." New Resource from Legal Write Publications!

2009-12-14T11:11:00.002-05:00

Greetings!

I recently released a new resource to newsletter subscribers titled "Do you know ..." that answers some of the commonly asked questions by writers, artists and other creative folks about intellectual property and entertainment law. The information is short but sweet and always directs you to other resources for additional information. And covers the legal matters that matter to creators of literary and artistic works.

The first installment dispels the "Poor Man's Copyright" myth. You know, the "if I mail my manuscript to myself it will protect my rights without having to spend money to register it with the Copyright Office" advice that many creative people receive from other well meaning people. But it is just a myth! (continued below)

====================

Get the entire 3-book legal reference series for only

$49.95 + S/H

(a $65.85 value!)

Click here

www.legalwritepublications.com

====================

This is one of the most common and pervasive untruths in the business. Not only is it not true, it's not helpful and can leave you vulnerable and without all the legal protections copyright law affords if you register properly and in a timely fashion.

Here's a sneak peek!

For more information, sign up for the mailing list!

Regards,

Professor Tonya Evans
Legal Write Publications
Legal resources written with writer's rights in mind!
www.legalwritepublications.com

Entertainment Law Course this Friday!

2009-11-04T18:56:00.003-05:00

I am the Course Planner of a half-day informative and engaging PBI continuing legal education course titled Entertainment Law in the Twenty-First Century: Effective Representation in an Ever-Changing World. I've assembled a stellar panel of industry expert so this is an excellent way to stay on the leading edge of entertainment law and get CLE 4 CLE Credits and an Ethics credit to boot (for you lawyers out there)!

It will be live in Mechanicsburg, simulcast to Philadelphia and Pittsburgh, and offered via Webcast as well ... ah, the 21st century, indeed!

Description: Representing both emerging and established entertainers in the 21st century is far from a simple matter of drafting contracts, licensing rights and following the money. Now in a global economy with multimedia platforms, the entertainment lawyer’s knowledge base must encompass a wide range of areas, including contracts, business law, intellectual property, litigation and estate planning -- both in the United States and internationally.

This program addresses this twenty-first century reality and provides pointers to areas of interest and concern in representing entertainers at every level of their careers. Top industry attorneys and professionals will cover contractual issues and techniques related to the "who, what, where, when, how and how much," including unique issues in representing emerging and independent artists. Additionally, we will provide survey coverage of intellectual property issues in entertainment, including idea protection, copyright and trademark and right of publicity; particularly as those areas relate to new and multimedia formats. Finally, the panel will address ethical issues lawyers face when representing entertainers, most notably the ethics of lawyer as agent.

Topics include:

The Zealous Advocate

Part One: Representing the independent artist or company
Part Two: Local Representation in a Global Economy

A Done Deal

A look at key clauses and issues in music, book publishing and RTVF deals.
Effective negotiating techniques to get the deal done

Maximizing Value of New Media for Your Clients

Intellectual property issues, multimedia entertainment and a new look at an ever-evolving question
Peer-to-Peer vs. Piracy: where are we now?

Ethical Issues in Representing Entertainers

Click here for more information.

Statement by Shepard Fairey

2009-10-18T12:12:00.001-04:00

In a follow up statement by Shepard Fairey, he expresses regret and intention to continue his case by amending his law suit.

Source: TechCrunch.com

"STATEMENT BY SHEPARD FAIREY ON ASSOCIATED PRESS FAIR USE CASE
OCTOBER 16, 2009
In an effort to keep everyone up to date on my legal battle to uphold the principle of fair use in copyright laws, I wanted to notify you of a recent development in my case against The Associated Press (AP). On October 9, 2009, my lawyers sent a letter to the AP and to the photographer Mannie Garcia, through their lawyers, notifying them that I intend to amend my court pleadings. Throughout the case, there has been a question as to which Mannie Garcia photo I used as a reference to design the HOPE image. The AP claimed it was one photo, and I claimed it was another. The new filings state for the record that the AP is correct about which photo I used as a reference and that I was mistaken. While I initially believed that the photo I referenced was a different one, I discovered early on in the case that I was wrong. In an attempt to conceal my mistake I submitted false images and deleted other images. I sincerely apologize for my lapse in judgment and I take full responsibility for my actions which were mine alone. I am taking every step to correct the information and I regret I did not come forward sooner.

I am very sorry to have hurt and disappointed colleagues, friends, and family who have supported me in this difficult case and trying time in my life. I am also sorry because my actions may distract from what should be the real focus of my case ? the right to fair use so that all artists can create freely. Regardless of which of the two images was used, the fair use issue should be the same."

Liar, Liar, Fairey's on Fire

2009-10-17T15:05:00.007-04:00

~~~~~~~~~~~~

Alright, I am a little peeved today.

I was enjoying an uneventful, restful and all around pleasant morning easing into the day as I listened to gentle rains tap against my window. I had prepared a light breakfast of Chai tea, fruit, yogurt and granola and looked forward to turning on my laptop and tackling a substantial but "doable" to-do list that included some of my favorite things -- reading, researching, writing and blogging.

At the top of the list was to make some progress on my law review article From Folsom to Fairey: How Obama’s “Hope” Might Transform Fair Use. In the article, I use the pending lawsuit between graphic artist and creator of the Obama “Hope” poster, Shepard Fairey, and the Associated Press (AP). The AP argued Fairey infringed on an AP-owned photograph to create the poster (click here to see a previous post for additional details about the case). Fairey denied using the photo that AP alleged, arguing instead he used another picture that also included actor George Clooney at a press club event. If the latter had been true, he had a strong case for fair use. If the former, the poster probably bears too close a resemblance to the original to be sufficiently transformative and would therefore be an infringing use.

Upon opening my g-mail, I was bombarded with updates from my research assistant and Google alerts about the latest in the Shepard Fairey vs. AP brouhaha. I was not pleased with what I learned.

It seems that Fairey took his creativity to a new (and likely unlawful) low. Ironically, the Associated Press reported that Fairey now admits to fabricating his assertions in official court documents about which photograph he actually used as a "reference" for his poster. Basically this destroys his fair use argument. And, to make matters worse, he admits to destroying valuable evidence in his case against AP to hide his "error." His attorneys, lead by Anthony Falzone of Stanford’s Fair Use Project, have withdrawn from the case. The often controversial graphic artist is left alone to defend the seemingly indefensible.

In the grand tradition of what I refer to as the ‘fallen famous,’ Fairey issued an apology:

“In an attempt to conceal my mistake, I submitted false images and deleted other images. I sincerely apologize for my lapse in judgment, and I take full responsibility for my actions, which were mine alone.”

Ho hum. Well. There it is.

So why am I peeved? Because of that article I mentioned above. The one I am writing that, in part, is based on Fairey’s case (despite the warnings of colleagues who cautioned against putting all of my scholarly eggs in the basket of a pending case). Luckily, I am only about 6 pages in with a healthy percentage of my research and writing still ahead of me. But the tone of my article will take a decidedly different turn, I suppose. No longer will I be able to cast Fairey’s claims -- now proven deceptive -- into a positive light and the poster child – pun intended – to make the case for “transformative use.”

Stay tuned for Part II. Right now, I need more tea!

Be Sure to Check out "Copyright Criminals"

2009-10-14T23:45:00.001-04:00

Can you own a sound? What does stealing sound sound like? Do art and law mix? These are some of the questions asked and explored in the forthcoming documentary "Copyright Criminals."

http://www.copyrightcriminals.com/

Widener Law-Harrisburg Grads Boast 94.32% PA Bar Pass Rate!

2009-10-10T17:43:00.002-04:00

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Congratulations to the Widener Law/Harrisburg Class of 2009 for achieving a 94.32% first-time pass rate on the July Pennsylvania Bar, third in the state behind only Penn and Temple!

NBC And CNBC Sued For Infringing Use Of...FONTS

2009-10-09T18:51:00.002-04:00

October 9, 2009

NBC and CNBC were sued recently for trademark infringement for alleging they "overused" their protected fonts. Looks like "san serif" was never more valuable than now!

Read an article about this post.

GoogleBook Settlement Isn't Quite Settled

2009-09-26T09:00:00.003-04:00

________

You have probably heard about GoogleBook and the Google Book Settlement. But you may not know what all the hub bub is about despite the formidable battle of information among Google, its competitors and author advocates Authors Guild and Association of American Publishers, to name a few.

Basically the problem is Google sought to digitize millions of books from libraries without approval from copyright holders. The Authors Guild and Association of American Publishers filed a massive class action suit to stop Google's efforts and to protect author rights.

The case is close to settlement but there's been a recent wave of dissent against the proposed settlement. Recently, the Register of Copyrights, MaryBeth Peters, criticized the most recent settlement proposal while testifying before the House Judiciary Committee. She said the settlement between Google and groups representing authors and publishers “amounted to an end-run around copyright law that would wrest control of books from authors and other right holders.”

The terms of the settlement would protect Google from liability from copyright infringement and would establish a Book Rights Registry administered by authors and publishers to license copyrighted works displayed in a GoogleBook search. The BRR would sell access to those books to individuals and libraries and the revenue would be shared among Google, authors and publishers.

But critics say this settlement simply allows Google to unilaterally use first and ask questions later. A "solution" violative of copyright. Google defends the settlement arguing it is fair and legal because authors can ask Google at any time to remove their books from the database -- albeit after the fact. In response to antitrust (monopoly) concerns, Google Google agrees to allow other retailers “sell access” to out-of-print books that it scanned from libraries.

Read more about the claims and controversies:

Scribd Cries Foul on Unusual Infringement Lawsuit

2009-09-25T15:30:00.003-04:00

Scribd, a document hosting service, was recently sued by a children’s author in Texas last, against charges that its copyright filtering system commits infringement. Specifically, the author alleges that Scribd unlawfully copies the text of books and other publications to compare new uploads against the copyrighted work and to block those files from its server.

Read the Wired Article about this topic.

2009-09-21T23:46:00.005-04:00

_____________________

EVENT ALERT ...

Infinity Publishing’s 10th Annual Express Yourself…™

Gathering of Authors

Friday, September 25 – Sunday, September 27, 2009

Park Ridge Hotel and Conference Center, Valley Forge, PA

I will be presenting "Legal Matters that Matter to Writers" at the conference this weekend. I will also do a hot topics update and entertain an engaging Q&A session for all those burning questions writers and independent publishers have about their legal rights and responsibilities.

For more information, visit http://www.authorsconference.com/index.html. There is still time to register!

Op-Ed on New Media's effect on Print Media Published in DE News Journal

2009-09-14T17:52:00.004-04:00

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This year I took part in the Widener University School of Law Constitution Day project, coordinated by Professor Alan Garfield, this year. My essay appears on the school's online Constitution Day site and it was also published in today's News Journal in Wilmington.

This year's theme for the Constitution Day essays was the future of news reporting. I approached the topic, of course, from an intellectual property perspective and revisited the seminal case of Associated Press v. International News Service. In that case, The Associated Press (AP) filed a lawsuit to stop International News Service (INS) from, among other things, copying news posted by AP to bulletin boards and published in east coast early editions and selling as its own on the west coast. Although the main issue was whether there was any legal basis to prevent INS from such copying, the more fundamental question was whether there exists any property right in news leads?

I also explore the role of hyperlinking news summaries, tweeting etc. in news reporting, generally and the printed publications crisis.

Check out the op-ed and weigh in!

Q&A: Can an idea be protected by copyright?

2009-08-02T20:02:00.003-04:00

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

[Excerpt from Copyright Companion for Writers, by Tonya M. Evans-Walls]

The Copyright Act expressly excludes ideas from its protection. The American Heritage Dictionary defines “idea” as “something, such as a thought or conception that potentially or actually exists in the mind as a product of mental activity.” Therefore, the idea of writing a book about, for instance, a falsely accused prisoner who escapes from jail to prove his innocence and find the real killer cannot be protected under the Copyright Act. But the act does protect a written manuscript based on that idea. This conclusion makes sense in light of the way copyright is created. Copyright protection exists the moment an original and creative artistic or literary expression is fixed in a tangible form. Until an idea is fixed in a writing or recording, it is just that – an idea. Once fixed in a tangible form, the expression (assuming, of course, that it is also original and has some modicum of creativity) is protected by copyright.

It is not correct, however, to assume that an idea can never be protected. In fact, the protection of ideas is critical in situations where, for instance, you submit a book proposal to a publisher, pitch a screenplay to a producer or studio, or brainstorm with a collaborator about potential story lines. In such situations, ideas may be protectable under state law related to theories of contract ( a non-disclosure agreement, for example), property, or in some cases, misappropriation.

Google Settlement May 5th Opt-Out Deadline Extended

2009-04-28T20:40:00.004-04:00

Publishers Weekly reports today: "In a surprise move, New York Judge Denny Chin today granted a four-month extension to a group of authors, led by Gail Knight Steinbeck, delaying the May 5 deadline to opt out or object to the Google Book Search settlement to early September. Although the order had not yet been made public at press time, sources confirmed for PW that Chin had granted the extension."

Read the full article

Update on Shepard Fairey Debate: Prominent Former NY Time Art Director Declares “Fairey is not a crook.”

2009-04-27T12:00:00.001-04:00

Simul-post @ HipHopLaw.com

Author and blogger Steven Heller, a former art director at The New York Times and co-chair of the MFA Design Department at the School of Visual Arts, wrote a thoughtful critique of the criticism of Shepard Fairey’s use of artistic works in his artistic activism. Food for thought as the debate wages on.

Also check out the scathing 2007 essay by Mark Vallen, entitled “Obey Plagiarist Fairey,” which accuses Fairey of nothing more than a plagiarist and asserts “Fairey simply filches artworks and hopes that no one notices.”

I am following this Shepard brouhaha with great interest because we can (hopefully) gather great insight into how courts may approach and (perhaps?) alter existing copyright law as it relates to fair use. So stay tuned!

Was Street Artist’s Use of AP Photo to Create Obama Hope Poster “Fair”? A look at Where Infringement Ends and Transformation Begins

2009-04-26T21:48:00.002-04:00

Lines have been drawn in the sand and the fight has commenced. A classic David and Goliath battle is set to take place in the U.S. District Court of the Southern District of New York between graphic artist Shepard Fairey and the Associated Press (AP). The spoils of this war? A definitive answer about what constitutes the proper interpretation of the law governing fair use of copyrighted works.

(Photo by the Associated Press)

The Law

Copyright owners control the exclusive right to, among other things, prepare derivative works. For example, a screenplay based on a novel is a derivative work. But use of a copyrighted work for purposes like criticism and comment is not an infringement but rather a fair use that does not require the permission of the owner. A court considers four factors to determine whether a use is fair; namely the purpose for the use, the nature of the copyrighted work, the amount used, and whether the use negatively impacts the potential market for the copyrighted work.

The Beef

It seems Fairey referenced to a photo owned by AP of then-presidential candidate Barack Obama to serve as inspiration for his artistic rendition of the candidate. That rendition became an iconic portrait of Obama and an unofficial but integral part of Obama’s grassroots message of hope and progress.

The problem is the photo on which the poster was based was taken by Mannie Garcia in 2006 on assignment for the AP at the National Press Club in Washington. Now a firestorm of controversy surrounds Fairey’s use. Was it fair or violative of AP’s copyright? The answer lies in whether Fairey’s portrait is sufficiently transformative to constitute a new work or whether it is merely a derivative of the photograph. The issue is whether Fairey has advanced the constitutional directive to “promote the useful arts” by adding something new or has merely leeched off another’s creativity.

Fairey, a Los Angeles-based “street” artist, is the modern day David in this story. And he drew first blood when he aimed his proverbial sling shot directly between the eyes of the AP and fired. Or, rather, filed. A law suit that is.

The term “street artist” is a bit misleading. Fairey did develop his craft and street cred at the underground level. But now he is graphic artist royalty, producing cover art for projects ranging from the Black Eyed Peas's album Monkey Business to The Smashing Pumpkins' album Zeitgeist and Anthrax's The Greater Of Two Evils. But Fairey’s artistry is more than creative. At its core, it’s political. His “Obey” campaign urges the observer to question obedience to social commands and the political status quo.

Fairey, well versed in the language of civil disobedience, is represented by Anthony Falzone of Stanford University’s Fair Use Project. His Complaint seeks a judgment declaring legal his use of the AP photo and an injunction against AP. Recently, AP counter-claimed asserting its infringement claim.

This is obviously shaping up to be one helluva battle! Stay tuned for updates. I will definitely be tracking this case.

Clearing Up the Confusion about Copyright

2009-04-11T19:36:00.001-04:00

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Copyright 2009 Tonya M. Evans (info@legalwritepublications.com). Limited license granted to copy and distribute this post provided such copying and distributing is of the entire post, including author's copyright and contact information.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

This information is for informational and educational purposes only and should never replace competent legal advice from your legal representative.

We creative people are notorious for getting caught up in the process of creating, often at the expense of fully comprehending and appreciating the business side of our creativity. Because of our absorption in the creative process, little attention is given to the potential legalities we creative folks face before, during, and after the creative process.

But did you ever stop to consider the legal implications, rights, and obligations that may exist because of what you created?

For example, have you ever …

guarded your manuscript, lyrics, photos or paintings, forbidding anyone to see them for fear that they might steal your brilliant ideas?
mailed your creative work to yourself, believing your copyright interests were somehow protected?
been confused about the difference between a copyright, trademark and patent
pieced together a contract from contracts you found by searching the Internet? Or (worse yet) cut and pasted information (words, images or sounds) from the web and used it in your own work thinking it is "fair use"?

If the answer to any of these questions is yes, you may be in danger of jeopardizing your rights or infringing the rights of others. So read on. But one word of caution. This article is for informational purposes only. Do not use it in place of legal counsel by an experienced intellectual property lawyer. Get the facts from an expert. And FYI, your friend who watches a lot of Law & Order reruns doesn't count!

Clearing Up the Confusion about Copyright

A copyright protects an author's original artistic or literary work, whether published or unpublished. Under copyright law, the term "author" has a special meaning: the creator of an original literary or artistic work. Thus, the word "author" includes not only writers but photographers, singers, painters, sculptors – anyone who creates a literary or artistic work.

A Little Legalese Q&A

What can and cannot be copyrighted? Generally, copyright protects all original writing and artistic creations: letters, e-mail, poetry, manuscripts, songs, photographs, CDs, recordings of written works, musical scores, movies, sculptures, artwork, and even architecture. Book and song titles cannot be copyrighted. Ideas cannot be copyrighted.

What do you have to do to copyright your work? If you have created an original work in some tangible form – in writing or on film or tape or canvas, for example – then you don't have to do anything. You automatically own the copyright. But you should register it with the Copyright Office for further protection.

Can you use a picture you took of someone else in any way you choose? Although the photographer usually owns the copyright in the picture, the person captured in the picture may hold a competing interest: the right of publicity. This right, governed by state law, gives a person (usually a celebrity or public figure) the exclusive right to use his or her name, likeness, or other aspect of his or her persona for profit, and the right to prevent others from using those aspects without authorization. Similarly, the photographer may even be prohibited from making and distributing copies of a picture that captures a painting, sculpture, or other work of art if that work is otherwise protected by copyright.

Welcome to a glimpse of the complex universe of legal matters that matter to creative folks. Perfecting your craft is important indeed. Understanding the legal side of creativity is imperative. Honor yourself, your work and the rights of others by asking the right questions and getting the right answers. Don't leave your rights to chance. Empower yourself with information and take your creativity to the next level.

Visit http://www.legalwritepublications.com/ for more articles, resources and information and to purchase copies from our literary entrerepeneur series titles to empower YOU and help you take your literary and artistic passion to the next level!