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Archives: Copyrights

Who Owns the Copyright on a Monkey’s Self-Portrait?


When people ask me questions like “who owns the copyright on a monkey selfie,” I feel so full of…what’s the opposite of shame? Pride? No, not that far from shame. Less shame? Yeah. Let’s examine this serious, important, and hilarious issue. Photographer David Slater was in the Indonesian wilderness in 2011 when a crested black macaque used one of his cameras and took a bunch of pictures with it. One of those pictures was the amazing selfie seen above. Eventually the photo was uploaded to Wikipedia’s Wikimedia Commons. Slater filed a takedown request on the grounds that he owns the…

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Using Copyright to Suppress Criticism?


Most artists don’t like to be criticized. Is it going too far to use the tools of copyright to suppress criticism of one’s art? That’s the discussion going around about comics artist Randy Queen and his use of Digital Millennium Copyright Act (DMCA) takedown notices against Escher Girls, a blog that challenged Queen’s depictions of female anatomy.

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Copyright Issue: Can You Play Music in Your YouTube Videos?


YouTube star Michelle Phan, who posts videos about makeup, has been sued by the Ultra recording and publishing companies (we’ll just call them “Ultra”). The suit alleges copyright infringement based on the music soundtracks in Phan’s videos. As of this writing, Phan’s YouTube channel has 6,749,142 subscribers and 981,217,011 views, so, while her videos may not be everyone’s thing (I don’t happen to watch a whole lot of makeup tutorials myself), there are big dollars and a lot of viewer eyeballs at stake. So – can you play music in your YouTube videos?

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Music Copyright Issue: Can a Restaurant Owner be Personally Liable for Playing Unlicensed Music?


Recently, I was watching a hockey game on TV with some friends. During the breaks in the action, the old familiar Jock Jams were playing on the arena’s speakers. One of the folks in the room asked whether they have to pay to use those recordings. Yes, they do: it’s a public performance, subject to the restrictions found in the Copyright Act. The same applies to other public venues, such as restaurants and bars. Naturally, the restaurant owners aren’t out there asking the Beatles for their OK to play “Hey Jude” during dinner service. Instead, the rights are administered by…

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