Dear President Trump: 3 Recommendations To “Help Make America’s IP Great Again”…

Given the recent inauguration of our 45th president, I have found myself wondering about the incoming administration and how it will fare given the multitude of issues it must face. While large swaths of the population believe that President Trump will make good on his many campaign promises, many Americans harbor questions about the policies […]

Fair Use Does Not Mean Your Use Is Fair: 3 Reasons Why the #Oracle/Google Litigation Matters to Your Business

There’s no way around it – virtually every business today uses some form of software in providing its goods and services to its customers. From software-as-a-service solutions to custom-developed code, software has become an indispensable business need, especially as customer solutions expand to the mobile application space.   Without question, software impacts your business and its […]

When You Don’t Get What You Pay For: The 3 Biggest Mistakes Companies Make Regarding the Copyright “Work-For-Hire” Doctrine

After many years of practicing law, it never ceases to amaze me how many companies mistakenly believe that they own certain works just because they have paid for them. Whether it is an employee who has created marketing materials for your company website, or an independent contractor who has developed a software package based upon […]

UPDATE: Skin in the Game: Copyrights, Tattoos and Another Hangover

Well, it seems that I didn’t even get a chance to finish the bucket of popcorn on this interesting case before Warner Brothers and the plaintiff, tattoo artist S. Victor Whitmill, settled their dispute involving the use of a tribal tattoo identical to one on the face of former heavyweight boxing champion Mike Tyson on […]

Skin in the Game: Copyrights, Tattoos and Another Hangover

Many an American has endured the pain of waking up the morning after a night of epic drinking – usually of the collegiate variety – only to discover that their throbbing in the head is not the only painful remnant of their hedonistic excess. Only in Hollywood, however, can this type of situation be elevated to fine art.In The Hangover, Part II, Stu (anchored by Ed Helms of television’s The Office fame) apparently awakens from his slumber to discover he has a tattoo on his face – not just any tattoo, but a tribal tattoo identical to one that adorns the face of Mike Tyson, the former heavyweight boxing champion (who also appeared in the original movie, The Hangover). Story arcs aside, the use of the tattoo on the character Stu in the sequel has stirred up a hornets nest of controversy that goes to the heart of copyright rights and fair use.