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Categotry Archives: Infringement

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Tattoo Suit for Hangover II

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Categories: Copyright, Film, Infringement, Legal Disputes, Tags: , , , , , , ,

Tattoo artist S. Victor Whitmill designed Mike Tyson’s unique facial tattoo.  He is now suing Warner Bros. Ent. for the (obviously fake) reproduction of the tattoo on Ed Helm’s face in ads for the film and the film itself.

Photo from here.

Whitmill had an agreement with Tyson that Whitmill would retain all ownership rights in the copyright to the tattoo.  According to copyright law, anyone who wishes to use the artwork owned by Whitmill has to contact Whitmill for a license to use the artwork.  Warner Bros. did not get permission to use the artwork.  The use may infringe several aspects of copyright ownership, including reproduction, distribution and adaptation.

Whitmill seeks an injunction — an order to stop the movie’s release.  Warner Bros. has not issued a comment.  While this could go to trial, I doubt it will.  Anyone else smell a settlement?

Original story here.

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This site is not intended or offered as legal advice. These materials have been prepared for educational and information purposes only. They are not legal advice or legal opinions on any specific matters. If they are considered advertisements, they are general in nature and not directed towards any particular person or entity. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this site, Erin M. Jacobson, Esq., and you or any other user. The content is not guaranteed to be correct, complete, or up-to-date. The law may vary based on the facts of particular circumstances or the law in your state. You should not act, or fail to act, upon this information without seeking professional counsel. No person should act or fail to act on any legal matter based on the contents of this site. Unless expressly stated otherwise, no document herein should be assumed to be produced by an attorney licensed in your state. For more information, please click on the “Disclaimer” section in the top menu of this site.

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Joe Walsh v. Joe Walsh

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Categories: Copyright, Infringement, Legal Disputes, Music, Music Industry, Tags: ,

Hopefully, you have heard of the musician, Joe Walsh. There is a guy currently running for Congress, also by the name of Joe Walsh. Candidate Walsh has used a song by Musician Walsh without permission for his campaign. In addition, Candidate Walsh also changed some of the lyrics to musician Walsh’s song. These are both no-no’s under copyright law.

When you own a copyright, you are the only one that can do whatever you want with your work. If anyone else wants to use your work, they have to get your permission. If anyone else wants to make changes to your work, they have to get your permission. (Since you may be wondering, there are still the fair use and parody exceptions if they apply.)

Musician Walsh’s attorney has sent a letter to Candidate Walsh. The letter is absolutely true in its statement of law, but written in a manner that is hysterical. My favorite part is where Peter Paterno (Musician Walsh’s attorney) says “Now, I know why you used Joe’s music — it’s undoubtedly because it’s a lot better than any music you or your staff could have written. But that’s the point. Since Joe writes better songs than you do, the Copryright Act rewards him by letting him decide who gets to use the songs he writes.” I applaud you, Mr. Paterno.

Click here to read the article and be sure to click on the link within the article to read the full letter.

This site is not intended or offered as legal advice. These materials have been prepared for educational and information purposes only. They are not legal advice or legal opinions on any specific matters. If they are considered advertisements, they are general in nature and not directed towards any particular person or entity. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this site, Erin M. Jacobson, Esq., and you or any other user. The content is not guaranteed to be correct, complete, or up-to-date. The law may vary based on the facts of particular circumstances or the law in your state. You should not act, or fail to act, upon this information without seeking professional counsel. No person should act or fail to act on any legal matter based on the contents of this site. Unless expressly stated otherwise, no document herein should be assumed to be produced by an attorney licensed in your state. For more information, please click on the “Disclaimer” section in the top menu of this site.

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