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Let’s start with five fundamental concepts:

  • Copyright protects original expression.
  • To qualify for copyright protection, that original expression must be “fixed in a tangible medium.” (For example: painted on canvas; sculpted in stone; captured on film; written on paper.)
  • The tangible media (the canvas; the stone; the film; the paper) are, for estate planning
  • Have you ever convinced yourself that something is simple…just because you want it to be simple?
    You’re not alone. In the context of applications for US copyright and trademark registration, people decide every day that do-it-yourself (DIY) is an acceptable option because, to their wishful eyes, “it’s just paperwork.”
    Or maybe they think,

    During these joyous holiday times, thoughts turn to peace on Earth, goodwill toward all and, of course, data scraping.
    The United States Supreme Court is presently deciding whether to review a Second Circuit case that gave Google a free pass to scrape the content from another business’ website. The business that got scraped (Genius

    The other day I was learning about a fellow lawyer, by reviewing her website. Her trademark practice is similar to mine. The site was inviting. She has a sense of humor.
    “Nice,” thought I, “we should connect.”
    I was reviewing her website because she’d made a mistake in a matter before the Trademark Trial and

    You’re a visual artist. You sell a work for $1000. Over time the value appreciates. Your buyer re-sells the work for $50,000. You get nothing (except requests to speak about your work, for no money!)

    There is no law permitting artists to share in “resale royalties” when their works change hands. I discuss this in

    Many of us, sheltered in place, are using video and web-conferencing services such as Zoom. How fortunate we are, to have such tools at our disposal.
    While keeping physically healthy, here are three tips for staying legally healthy in your web-conferencing environment.

  • Don’t play music or display visual art in the background. The last