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Keep it Legal Blog

Copyright Fair Use: Fifty Shades of Grey


The origin of the book, movie, and general cultural phenomenon that is Fifty Shades of Grey is an interesting case study about copyright fair use in the world of online content creation. Let’s skip all the innuendo and get down to the good stuff – when is it OK to publish your own takeoff of an existing media property?

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Copyright Question: Who Owns the Left Shark?


The 2015 Super Bowl (or Super Bowl XXVZPDQ or something) has generated a legal controversy. No, Seahawks coach Pete Carroll is not being sued for his terrible play calling. Rather, we’ve learned that Katy Perry’s attorneys have sent out a copyright cease and desist letter related to the infamous Left Shark. Does copyright law protect the image of an awkwardly dancing person in a shark costume?

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Can the Title of a Single Book be a Trademark?


People often ask me how they can protect the name of their individual work, whether it be a book, song, software composition, or anything else. Protecting names can be challenging. Names, titles, and short phrases are not subject to copyright protection. That leaves us with trademark law. Can the name of an individual work be protected as a trademark?

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Copyright Question: Can I Play Music on my Podcast?


After percolating for a decade or so, podcasts have grown wildly in popularity as a communication medium. This is a result of a confluence of factors, not the least of which is the emergence of a certain story about a murder in Baltimore. We are now living in a post-Serial world. And just like with any other form of media, there’s some confusion and lack of information about the rules of the road. All of which brings me to the copyright question at hand: can I play pre-recorded music on my podcast?

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