Creative Works

Music

Copyright Infringement Settlement in Jan. ‘15Petty gets co-credit for “Stay With Me”Tom Petty – “I Won’t Back Down” Sam Smith – “Stay With Me”

Music Downloading CasesRIAA Loses: Roy case in NH RIAA Wins: Thomas case in Minnesota

Parody – 2 Live Crew’s Hairy/Pretty Woman parody is protected speech

2-Dimensional Visual Art

Substantial Similarity – Scenes a Faire, Ideas Unprotectable = No InfringementKerr v. New Yorker Magazine

Steinberg v. Columbia Pictures (SDNY 1987)

Infringement FoundPlaintiff’s Work Defendant’s Work

2-D Art Used as a Trademark and a Copyright

Substantial Similarity – Infringement FoundBouchat v. Baltimore Ravens

3-D Art Infringing 2-D Art (or not)

Substantial Similarity – Infringement Found Between Photo and SculptureRogers v. Koons

Dyer v. Napier (D. Ariz. 2006)No Infringement

Plaintiff’s Work Defendant’s Work

Reece v. Island Treasures Art Gallery (D. Haw. 2006)

No Infringement

Plaintiff’s Work Defendant’s Work

3-D Art v. 3-D Art

Substantial Similarity – Nature and Scenes a Faire Elements Removed = No InfringementSatava v. Lowry

City Merch. V. Broadway Gifts (SDNY 2009)Infringement found

Plaintiff’s Work Defendant’s Work

Titlecraft v. NFL (D. Minn. 2010)NFL Wins Against Trophy Company

NFL Work Titlecraft Work

Happy Stick Figures on T-Shirts

Blehm v. Jacobs (10th Cir. 2012)No Infringement by Life is Good from Stick Figure

Drawings

Stock Photos

Kaplan v. Stock Market Photo Agency (SDNY 2001)No Infringement

Plaintiff’s Work Defendant’s Work

Photos Used in Advertising

Bill Diodato Photo’y, LLC v. Kate Spade, LLC (SDNY 2005)

No Infringement

Plaintiff’s Work Defendant’s Work

Useful ArticlesUgly Sweaters, Wallpaper, Textiles, and Buildings

Knitwaves v. Lollytogs (2d Cir. 1995)Infringement Found

Plaintiff’s Work Defendant’s Work

Kellman v. Coca-Cola (E.D. Mich. 2003)

SettledPlaintiff’s Work Defendant’s Work

Design Tex v. U.S. Vinyl (SDNY 2005)Infringement Found

Dan River v. Sanders (SDNY 2000)Infringement Found

Plaintiff’s Work Defendant’s Work

Oravec v. Sunny Isles (11th Cir. 2008)No Infringement

Plaintiff’s Work Defendant’s Work

Severin Montres v. Yidah Watch (Cal. 1997)Gucci Won Infringement Suit on Both

Copyright and Trademark Grounds

Plaintiff’s Work Defendant’s Work

Video Games

Tetris v. Xio (D.NJ 2012)Infringement Found

Plaintiff’s Work Defendant’s Work

Customs & Border ProtectionSeizure of Goods at the Border – Alleged Infringer Sued to Get Goods Imported, Asking Court to Declare No Copyright Infringement

Aurora World v. Ty, Inc. (C.D. Cal. 2009)No Infringement – Ty Can Now Import Its Stuffies

Plaintiff’s Work Defendant’s Work

Books and Written Materials

No Infringement for Copied Phone Book

“Catcher in the Rye” Unauthorized Sequel – Not a good idea

J. D. Salinger Colting’s Book

Use of Art in Politics

Fair Use – Unauthorized, Transformative Use of Another’s Work

Fair Use? – Shepard Fairey v. Associated Press

Use of Eagles Song for Campaign Song with Different Lyrics – Open LettersJoe Walsh for U.S. Congress – “Lead the Way”

Joe Walsh from The Eagles – “Walk Away”

Recasting a Work in an Entirely Different MannerLight-hearted 70’s sit com was successfully parodied in play that was downcast and near-suicidal

Three’s Company – the original TV series

Play as Parody: NY court says “3C’s” is a parody of Three’s Company and no liability

Going from Book to Screenplay to Movie

Derivative Works

And Who Couldn’t Parody the Famous Demi Moore Vanity Cover?

Freedom of Speech - Parody