Guide Through the Legal Jungle

Master of Ceremonies

A Guide Through the Legal Jungle Trivia Question

Which famous professional athlete sued unsuccessfully for the reproduction of his/her image in a collage featuring past winners of a prestigious sporting event?

1. Michael Jordan
2. Barry Bonds
3. Tiger Woods
4. Mary Lou Retton
5. Joe Montana

Artist Litigates His Own Copyright Infringement Lawsuit

It’s nice to see the virtuous, hard-working underdog triumph.

Many creative people have their online materials used without their authorization. If a cease-and-desist letter or DMCA take-down notice doesn’t resolve the issue, a copyright infringement lawsuit may be the only remaining alternative. It’s an illusive alternative for many because the cost of litigation may be more than the damages that can be recovered from the infringer.

Stock photographer, Chris Gregerson, didn’t let the cost of litigation deter him. Gregerson represented himself in a copyright infringement lawsuit after discovering that Vilana Financial, Inc. had used his photo of the Minneapolis skyline in its telephone book advertisement. He later discovered that Vilana had also used the photo on additional print and web advertisements including in an advertisement in a Russian-language newspaper, and had used another of Gregerson’s photos in a promotional brochure.

Still a Secret?

A Guide Through the Legal Jungle Trivia Question

The “secret ingredient” in Coca-Cola is a popular American mystery and has been carefully and successfully kept under-wraps. Why has Coca-Cola chosen to keep this ingredient as a trade secret instead of applying for a patent?

1. Applying for a patent is too expensive.
2. A patent would allow exclusive use of the ingredients for only a limited period of time.
3. Keeping it a secret increases Coca-Cola’s popularity.
4. The ingredient is a controlled substance, and Coca-Cola would rather not release that information.

Seminar on Copyright Law for Writers in Washington, DC on Thursday, April 24

Next Thursday, April 24, 2008 at 6:30 p.m., I will offer a seminar on copyright issues for writers. The program is sponsored by the DC Chapter of the Women’s National Book Association and will take place at the Charles Sumner School, 1201 17th Street, NW, Washington, DC.  The program is free for WNBA members and $10 for non-members. If you plan to attend, your RSVP is requested by April 21 to ncweil at patriot dot net.

During the presentation, I will address copyright and other legal topics of interest to book authors, freelancers, bloggers, and screenwriters including:

• How to maximize and enforce the copyright protection in your online and offline work.
• What are your options if someone infringes your work.
• Why writers should care about trademarks.
• What is a work-made-for hire contract and when is it worthwhile for a writer to accept one.
• How to determine when you need permission to depict real life events and people in your writing.
• When and how writers can quote from songs, movies, books, and poems.
• How to work successfully with collaborators while side-stepping the legal landmines of collaboration.

You can find additional details about the copyright for writers program at the website of Women’s National Book Association.

Changes Afoot in the Publishing Industry

The publishing industry has been abuzz over two recent developments: one involving amazon.com and print-on-demand; the other involving Harper Collin Publishing.

Amazon.com and Print-on-Demand

Some Background on POD Printing. Print-on-Demand printing, or POD for short, is a method of printing by which you print one book at a time. I discuss POD printing in detail in Part Two of my blog series on the Ins & Outs of Self-Publishing .

While POD lowers upfront investment and financial risk, it increases the publisher’s costs of producing each book. That makes it difficult for publishers using POD printing to offer the 40 – 60% discount that is normally required for sales through bookstores and other traditional book distribution channels. Nevertheless, there are publishers who have built successful business models by combining POD printing, a short discount to wholesalers, and sales through amazon.com and other online bookstores.

Amazon’s Recent Actions. Lightning Source is the leader among POD printers. Amazon is requiring publishers to use a Lightning Source competitor, BookSurge, for the printing of all POD books offered through amazon.com. The consequence of not complying is loss of the buy button on the book’s amazon.com profile page. This means the book would be sold only through marketplace resellers and not directly by amazon.com – an action that will surely decrease the number of books sold through amazon.

Copyright Law Not Safe from April Fool’s Prankster

Well, it’s good to see college students maintaining their sense of humor despite legal challenges from media heavy weights. The April 1, 2008 edition of the The Daily Cardinal, the campus newspaper for the University of Wisconsin-Madison, includes an article with the headline “UW sues Sesame Street for using the letter ‘W’”.

The article explains how UW-Madison has sued Sesame Street, claiming the show's teaching of the letter 'W' to small children infringes on the university's ownership of the letter. The article includes quotes from Kermit the Frog, Oscar the Grouch, Bert, and Big Bird speaking out against the lawsuit.

Protecting the letter “W” would probably be a better trademark infringement lawsuit than copyright infringement lawsuit – but the article’s quite funny nevertheless.

Several University of Wisconsin-Madison students have been targeted by the RIAA for illegally file sharing music.

Trademarks & Potatoes

A Guide Through the Legal Jungle Trivia Question

Mary has a business in which she sells potatoes that are grown in Idaho. Mary is trying to decide on a name for her business that will give her strong trademark. She has chosen two potential names: Mary’s Idaho Potatoes and Maidpotes.   In which name is Mary likely to have the stronger trademark and why?

1. Mary’s Idaho Potatoes, because the name says exactly what the product is and who is selling it.
2. Mary’s Idaho Potatoes, because the name is simple and easy for consumers to remember.
3. Maidpotes, because the name is distinctive and no other Idaho potato seller is likely to have the same name.
4. Maidpotes, because the name is one word instead of three.

The Sneaky Chef versus Deceptively Delicious. Defamation Charges Against Seinfeld Stronger Than Copyright Charges.

In a previous posting discussing copyright protection for recipes, I mentioned the copyright infringement and defamation lawsuit against Jessica and Jerry Seinfeld filed by Missy Chase Lapine.

Lapine’s Copyright Claim

Lapine is the author of The Sneaky Chef: Simple Strategies for Hiding Healthy Foods in Kids' Favorite Meals. Jessica Seinfeld is the author of Deceptively Delicious: Simple Secrets to Get Your Kids Eating Good Food. In the lawsuit, Lapine claims Deceptively Delicious infringes The Sneaky Chef.

Making Fair Use a Little Less Fickle

The Fair Use Doctrine allows you to use a reasonable portion of a copyrighted work without running afoul of copyright law. Within all areas of media, there is constant debate over when a particular use qualifies as a fair use.

Fair Use Is Fickle

There is no bright line rule to determine what qualifies as fair use. Instead, courts use a four-factor test to make the determination.  Essentially, the four factors pose the following questions:

Journey Into the Public Domain

A Guide Through the Legal Jungle Trivia Question

Generally, a songwriter may use a sample of a song without infringing the sampled song when the song is no longer protected by copyright law and is in the public domain. Which of the following is a way in which a song might enter the public domain?

1. Expiration of the copyright protecting the song
2. Excessive radio play of the song
3. Imprisonment of the songwriter
4. Death of the songwriter