By John-Charles Ward Washington University School of Law Juris Doctor Candidate 2023. At what point does a work of art — a photograph is a good example — move from being a copyrightable original work to an uncopyrightable slavish copy? What should we consider when making this decision? For the law at least, the hallmark of a copyrightable work is…
By John-Charles Ward Washington University Law School Juris Doctor Candidate 2023 On December 21, 2020, Congress passed the Copyright Alternative in Small-Claims Enforcement Act, or the CASE Act, as part of the Omnibus COVID-19 Relief bill. This was an event 10 years in the making. The CASE Act was a legislative priority for many small creators such as Instagram influencers,…
By Sabrina Siddiqui Rutgers Law School Juris Doctor Candidate 2021 Social media and other online content-sharing platforms have undisputedly broadened access to all kinds of content and bolstered both fan-based and independent discussion and creation. From original works such as stories on websites like FanFiction or Archive of Our Own to digital fan art of Marvel characters on Instagram or…
By Sabrina Siddiqui Rutgers Law School Juris Doctor Candidate 2021 Laws on copyrights and trademarks are meant to protect the interests of those who have ownership of the rights to them. For example, someone who, without a license (read: permission), disseminates part of a film on an online forum could face legal consequences such as being liable for copyright infringement…
By Jonnae Miller Juris Doctor Candidate 2021, Southern University Law Center From beautifully composing musical pieces, endlessly traveling the world for performances, and earning extensive studio fees, to making intimidating courtroom visits, life as a musician can be extremely rewarding, yet tough. Unfortunately, quarrels in the courtroom may be inevitable for those who experience copyright infringement of their works, but…
By Jonnae Miller Juris Doctor Candidate 2021, Southern University Law Center Would you steal a car? Handbag? Television? Or a DVD? These are questions posed in a 47-second anti-piracy ad that was created to discourage illegal downloading and purchasing of illegally downloaded movies. Piracy is a form of copyright infringement. Copyright infringement occurs when an individual substantially copies someone else’s…
By Spenser Jaenichen Juris Doctor Candidate 2022, University of Illinois College of Law Starting in 2010, hundreds of thousands of everyday individuals gained the opportunity to become self-proclaimed creatives through photography, modeling, designing, painting, performing, and many other forms of art through the development of a single app: Instagram. Some influencers not only limited themselves to Instagram alone, and instead…
By Alec Williams Juris Doctor Candidate 2022, Georgetown University Law Center Since the countercultural movements of the 1960s, pop musicians have nurtured an important bond with politics. As songs like A Hard Rain’s A-Gonna Fall by Bob Dylan and Say It Loud, I’m Black and I’m Proud by James Brown surged in mainstream popularity, the unity between sociopolitical issues and…
By Elaine Kim Washington University Candidate for Bachelor of Arts 2021 In the history of visual arts, museums have played a fundamental role in validating artists and artistic movements. While in recent years artists have utilized the Internet and social media to gain exposure and popularity, there is no denying that the art world remains dominated by an elite community…
By Nan Shen Saint Louis University School of Law Juris Doctor Candidate, 2021 Copyright rights exist once an original work of authorship has been fixed in any tangible medium. For the majority of original works, the creative standard can be easily satisfied. For example, once a person uploads a photo, it's automatically copyrighted, and another's unauthorized "borrowing" and reposting of…