GOOGLE LLC v. Oracle America, Inc., 141 S. Ct. 1183 – Supreme Court 2021 Copyright and patents, the Constitution says, are to “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Art. I, § 8, cl. 8. Copyright […]
Category: Entertainment
Artist’s “moral rights”
The term “moral rights” has its origins in the civil law and is a translation of the French le droit moral, which is meant to capture those rights of a spiritual, non-economic and personal nature. The rights spring from a belief that an artist in the process of creation injects his spirit into the work and that […]
Right of publicity
The statutory right of publicity, is based on Civil Code section 3344, which provides in relevant part as follows: “Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner … for purposes of advertising or selling … without such person’s prior consent, … shall be liable for any damages sustained […]
Copyright protection for music compilations (9th Cir)
From Skidmore v. ZEPPELIN, 952 F. 3d 1051 – Court of Appeals, 9th Circuit 2020 I. THE 1909 COPYRIGHT ACT The world of copyright protection for music changed dramatically during the twentieth century and those changes dictate our analysis here. The baseline issue we address is the scope of Wolfe’s copyright in the unpublished composition […]