Wait long enough and you’ll live to see your favorite films come around again in a new, rebooted form, to the lamentations of those old enough to either remember the original or even care about such things. It’s trite to say that Hollywood currently is nothing but sequels, reboots and overextended franchises (and prospective overextended franchises) but the truth is in the headlines: most movies coming out came from something preexisting. And given that level of reliance upon such material, it seems only a matter of time before we see a growing docket of copyright cases against those revived films.
Continue reading “‘Breakfast at Tiffany’s’ Reboot Runs Into Copyright Suit”
Trademarks are meant to protect a business’ particular brand, its unique identity and creativity that it has carved out for itself in the landscape. The best trademarks are the ones immediately evocative of a particular product or pitch, rendered in the space in your brain previously reserved for childhood memories or something else not pervaded by capitalism. Whatever you may think of branding, there is something to be said for it when done correctly and cleverly, and even the most sceptical wouldn’t begrudge it the legal protection it has earned.
In business as in life, friends and partners can grow apart over time as one or both parties change. And in both instances, success can play no small part in shifting the nature of those relationships, particularly if one party experiences far more of it than the other.
In the category of “new products, new problems†copyright for e-books might not rank terribly high, but the relative lack of attention doesn’t mean that there aren’t underlying issues that need to be resolved, lest they come to a head. As with other creations of its type, it’s a new iteration on a very old product, and that fundamental alteration either renders moot old questions or raises entirely new ones. Copyright law as it applies to books was written at a time when the process and resources involved in creating books places constraints upon the number of books that could be printed and then sold. So what happens with e-books, which can theoretically be sold or lent ad infinitum, with the only limits being hard drive space?
It’s a generally good rule to be cautious of what images you use for your business on the grounds of copyright infringement — no company wants to be on the receiving end of a C&D or even a lawsuit, if things take that turn. It should be an ironclad one to steer absolutely clear when dealing with images of brands or athletes or celebrities or generally anyone who has the resources to take you on and the willingness – eagerness, even – to do so.
It’s certainly not unusual to see businesses, particularly large businesses involved with a lot of different products, to be on both sides of trademark or copyright issues, but typically there’s something of an interval between their times as the offender and the offended. Credit, then, to Nike for responding to the needs of our fast-paced world and cutting down that intervening period to something like mere hours.
It would come as a surprise to no one, save those too young to even consider the past reaching beyond a few scant years, that the Hollywood studio system of the past was none too kind to the writers who helped to make it what it was. You don’t even need to have a memory to get some notion of that; this year’s Best Picture nominee Mank is a vehicle for just that message, positioning its protagonist as a figure robbed by history of his due credit for his part in creating an iconic film. Even now, in an era where credit is a bit more freely given, it’s still hard for writers to reclaim their rights.
It’s not often that intellectual property makes truly big news, but it’s not often the case that the fate of the world seems to hinge upon a vaccine. (Though to be fair, vaccines have shaped the course of history on those occasions when they have been introduced to curb disease or illness.)
The notion of copyrighting dance moves might strike many of us as strange, given both the nature of the activity and our own relationship to it. Copyright involves setting something down in a fixed medium, and for those who enjoy it, dance is something that comes spontaneously from moments of joy, away from cameras and separate from the idea of trying to potentially profit. Then there are those of us who are terrible at dancing, and would spend any amount of money necessary to have recordings of ourselves moving on the dance floor scrubbed from the internet, if not the minds of those who witnessed it.
There is a future in which the text of the law fails to mean much of anything to those who wish to avail themselves of it, and instead it becomes merely a tool for stopping the things one simply doesn’t like. The latter pairs well with a mindset that the law is meant to protect you, and thus bind those who find themselves in opposition to you. In the space of intellectual property, it would mean going after any brand that used a logo or branding deemed too close to your own, without much time to sift through the relative merits of your case before potentially embarrassing yourself.