Fashion Law Journal’s Post

Ever wondered about the copyright of tattoos? Recent legal cases highlight their status as original artistic creations eligible for protection. From Shahrukh Khan's registered tattoo copyright to disputes in pop culture designs, it's a fascinating intersection of art and law. Explore this evolving topic further on the blog mentioned below to learn more - https://lnkd.in/g9fjH3Kb #copyright #intellectualpropertyrights #legal #lawyer #IPlawyer #startupindia #startuplawyer #corporatelawyer

You might be excused for thinking that if you are a small not-for-profit using a copyright work in an innocuous, non-commercial way, such as a photo in a church service slideshow, that nobody is going to care. I mean, who really suffers from that? But content creators often derive their livelihood from selling or licensing their creative output. And they can rightly get pretty angry if the infringement continues notwithstanding a complaint being made. In the USA, a photographer is currently pursuing a church in such circumstances: https://lnkd.in/gGakxSx6. In Australia, section 115(4) of the Copyright Act 1968 allows a court to award additional damages, taking into account circumstances such as the flagrancy of the infringement (such as removing the copyright notices from the infringed work) and the conduct after the infringement was complained of. Even if there is minimal loss, an award of additional damages can be substantial. #macphersonkelley #copyrightinfringement #copyrightlaw #iplaw #copyright

Copyright (©) Protection Safeguard your artistic creations with copyright protection. Copyright automatically protects original works of authorship, including paintings, sculptures, photographs, and other artistic creations, once they are fixed in a tangible form. Registering your copyright with the relevant authorities provides additional benefits, including the ability to sue for statutory damages and attorney's fees in case of infringement. Best Practices: 👌 Understand what can be copyrighted: Copyright protects original works of authorship, but it does not protect ideas, facts, or functional elements. 👌 Use the copyright symbol (©), your name, and the year of creation on your work to assert your rights. 👌 Keep detailed records of your creative process, including drafts, sketches, and revisions, to establish your ownership in case of disputes. Considerations: ✔ Copyright infringement can occur both online and offline, so it's essential to monitor and enforce your rights diligently. ✔ Be aware of fair use and other exceptions to copyright law, which may allow others to use your work without permission in certain circumstances. ✔ Be careful and make sure that you are using copyrighted material with permission. Link: Copyright Registration (https://lnkd.in/ekA8pa4) If you have questions or would like to see specific material, let us know by leaving a comment or messaging us... #copyrights #artists #creatives #CopyrightProtection #SafeguardCreations #ArtisticRights #OriginalWorks #CopyrightLaw #InfringementProtection #CreativeOwnership #CopyrightSymbol #ArtisticIntegrity #IntellectualProperty #CreativeProcess #CopyrightMonitoring #FairUse #OnlineProtection #OfflineProtection #CopyrightEnforcement #LegalRights #ArtisticWorks #CreativeIndustry #CopyrightRegistration #ArtProtection #AuthorRights #BusinessSuccess #CreativeBusiness #ArtLaw

The Legal Trouble That Can Stick With a Tattoo.. In a legal battle pitting photographer Jeffrey Sedlik against celebrity tattoo artist Kat Von D, a jury found that Von D did not infringe on Sedlik's copyright by creating a tattoo that was very similar to one of Sedlik's photographs. While Sedlik's attorney has indicated that the photographer will appeal the verdict, it's worth noting that courts often take different approaches to interpreting copyright law. As evidenced by similar disputes involving video games, what one court considers transformative and fair use may be very different from another court's interpretation. While the verdict in the Sedlik v. Von D case has implications for tattoo artists, their clients, and copyright law, the broader potential legal implications for the industry stretch even further. If a tattoo is determined to be copyright infringement, it could raise issues for those with the tattoos, especially if they post photos and videos online, or allow others to use their image or likeness where the tattoo is visible. Additionally, trademarked names and logos can raise further legal issues if used in tattoo art. Thus, the Sedlik case could have far-reaching consequences for the tattoo industry as a whole, so everyone involved should be aware of the developing legal landscape. #trademark #intellectualproperty #copyright #law

Why Copyright Your Work? In a world where creativity thrives, safeguarding your artistic endeavours is highly crucial. Copyrighting your work grants you exclusive rights and ensures your creations are respected and valued. Here's why you should consider copyrighting your masterpieces:👇🏽 ¶ Protection: Copyrighting safeguards your original works, be it paintings, photographs, music, literature, software code, or architectural designs. It secures your rights and prevents unauthorized use or reproduction. ¶ Innovation: Copyright protection fosters innovation by encouraging creators to explore new ideas without fear of exploitation. It promotes a vibrant creative ecosystem where originality flourishes. ¶ Monetary Benefits: Copyrighted works hold tangible value. By securing copyright protection, you have the legal framework to license, sell, or distribute your creations, ensuring you reap the rewards of your talent and hard work. ¶ Global Recognition: Copyright protection extends beyond borders, offering international recognition and enforcement of your rights. Whether your audience is local or global, copyright ensures your work is respected worldwide. Don't let your creativity go unprotected. Copyright your work today and embark on a journey where your imagination knows no bounds. Send us a message to get started. Igxtelle Law Group PLLC #CopyrightProtection #CreativeFreedom #ArtisticRights

An interesting jury verdict out of California last week in the trial of a tattoo artist accused of copyright infringement. Kat Von D, known for her days on television, tattooed a picture of musician Miles Davis on her friend’s arm. The problem is, social media posts depicting the process showed she apparently was using a photograph of Davis taken by photographer Jeffrey Sedlik as the inspiration. The tattoo industry feared a victory for Sedlik would have a substantial impact since tattoo artists typically don’t obtain licenses to artistic works when applying ink to a subject. This verdict may put them at ease, but the rationale for the decision does not exactly provide the “all clear.” The jury found that the tattoo in question was not “substantially similar” to the photograph, i.e., there were numerous differences between the two. Had the tattoo been an exact replica, the verdict may have been different. So the question will be how different does the tattoo have to be to avoid copyright infringement? This is not the first high profile copyright case involving a tattoo, by the way. You may recall that about a decade ago, Warner Bros. was sued for the unlicensed use of Mike Tyson’s face tattoo on actor Ed Helms in the movie “The Hangover Part II.” That case ultimately settled. #copyright #patentlawyer #creativity #tattoos #patentattorney ------------------------------------------   **Follow me for more interesting examples & useful tips regarding IP. **Got an idea you don't know what to do with? DM me!

In Copyright News today... Tattoo Artist, Kat Von D is facing a lawsuit in the US, currently in jury deliberations, about whether or not her tattooing of a photograph of Miles Davies onto a client is, or is not, a copyright infringement. Described as a "first of it's kind" lawsuit, where the rights holder to the image, Jeff Sedlik, is suing the tattoo artist for using their work without a license. The outcome of the trial has potential ramifications for the entire tattoo industry. The defence are expected to rely on an argument of "fair use", a concept we, at Copyright Agent have delved into in our blog here: https://lnkd.in/dKCRhctd The outcome of this trial could lead to Tattoo Artists needing to license images they replicate, or potentially pay to license photographs of works they replicate in their work. Check out the full article here: https://lnkd.in/gp_uyqPg #copyright #copyrightlaw #copyrightinfringement #tattooartist #intellectualproperty #intellectualpropertylaw #contentprotection #copyrighteducation

Yesterday was World Book and Copyright Day so I wanted to answer the question 'What is copyright and what is a licence?' According to the law, (read full details here https://lnkd.in/eMX3XXzH) copyright protects your work and stops others from using it without your permission. You get copyright protection automatically - you don’t have to apply or pay a fee. There isn’t a register of copyright works in the UK - basically, as soon as you create something you have copyright. How cool is that! So, that picture you just took on your phone, the copyright is yours. What does that mean for someone like me who has a business taking photos of other people and their businesses? All those images, I own the copyright. I will never loose that, unless I chose to sell it, which, by the way, is very unlikely. So how do my clients get to use their images? Easy, they have a licence, from me, giving them permission to reproduce their images for their needs or their business needs. In print and/or online. What they don’t have permission for is to sell the images on to anyone else, the copyright is still mine and so the images belong to me. It also means I do not have permission to sell a clients images on to a third party as I would be breaching the privacy law. Technically, should either party be approached by someone to purchase the image(s) the buyer would have to speak to me, and I would have to make an agreement with my client and pay them royalties. #photography #photographylicence #photographycopyright

Did you know? On August 8, 1969, the Beatles' iconic "Abbey Road" album cover was photographed! This famous image has become one of the most imitated and parodied in music history, sparking countless discussions about copyright and IP in art. The cover, featuring the Fab Four crossing a zebra crossing, is a perfect example of how visual elements can become an important part of a brand's identity, protected under intellectual property laws. The photograph was taken by Iain Macmillan, and, like all creative works, it is automatically protected by copyright. This means that any unauthorized use or reproduction of the image could potentially infringe on these rights. The Abbey Road cover has been parodied and imitated countless times, leading to discussions about the boundaries of copyright and fair use. While parody and certain uses of the image might be considered fair use, each case can be complex, highlighting the nuanced nature of IP law. The discussions around this iconic image remind us of the importance of protecting creative works. Copyright law not only safeguards the rights of creators but also encourages the continuous flow of creativity and innovation by ensuring that creators can control and benefit from their work. Remember, whether it’s a groundbreaking invention or an unforgettable album cover, IP plays a vital role in protecting the creativity and hard work behind our favorite things! 🌟🎸📸 #copyright #IP #intellectualproperty #AbbeyRoad #Beatles

Copyright protects all sorts of things. Books, movies, music, sculpture, dance, paintings, and photographs are all protected so long as they are "original" works that are independently created. In this context, "independently created" means "not copied" from another work, and "original" means "minimally creative". A work can be original just because of an author's choices in creating it. Since copyright extends to all original, independently created works, copyright protection extends to things like legal briefs (are you surprised to learn that lawyers have sued other lawyers for copying their briefs?) and instruction manuals, but not an alphabetical white pages (that one went to the Supreme Court). In a recent decision (see below) the Sixth Circuit held that loyalty certificates used to enroll customers in car dealers' loyalty programs are protected by copyright. The certificate collects the customer's personal information and sets out the program’s terms and conditions. According to the court of appeals, since the loyalty certificate was designed in-house and independent of the certificates used by others, the certificate was sufficiently original to be entitled to copyright protection. Plus, there was direct evidence that the defendant had copied the certificate, which is rare in a copyright infringement case. As a result, the court of appeals affirmed the lower court's ruling awarding about $450,000 in damages plus attorney's fees. As I said, copyright can protect a lot of things. And that protection is very powerful. #IntellectualProperty #IP #copyright #copyrightinfringement #BusinessLaw #LegalInsights #OffitKurman