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Category: Copyright

A claim concerning mainly ownership accrues only once

This case concerns the alleged copyright infringement of a lightning storm graphic that originally appeared on the guitar of Darrell Abbott, late guitarist of the heavy-metal band Pantera.

Buddy Webster is a guitar maker and technician who goes by the name “Buddy Blaze.” In 1985, he modified a Dean ML guitar, produced by Dean, and paid someone to paint a lightning storm graphic on the guitar. In 1987, Webster gave the guitar to his friend Darrell Abbott.

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MakeUp copyright

Whether a human body part may qualify as a “tangible medium of expression” for Makeup copyright purposes?

Mourabit is a makeup artist, and in 2013, he “did the make up artistry” for a fashion photo shoot organized by W Magazine. Klein was the photographer at the Photo Shoot.

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SWD IA on the EU copyright modernization – impacts of third option for fair remuneration of authors and performers

Imposing transparency obligations on the contractual counterparty of creators supported by a contract adjustment right and a dispute resolution mechanism

I. Contract adjustment mechanism

This mechanism would improve the effectiveness of the reporting obligation under Option 2 since it would provide creators with legal means to request adjustment of the remuneration on the basis of the information received in reporting statements.

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The paparazzi images are further from the core of copyright protections than creative or fictional works would be

Rebecca Fay Walsh is a Brooklyn-based professional photographer who licenses her photographs to online and print media for a fee. Townsquare Media is a Delaware-incorporated business that owns and operates an online website called XXL Mag (“XXL”).

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Not every comic book, television, or motion picture character is entitled to copyright protection

Daniels is an expert on children’s emotional intelligence and development. She designed and promoted initiatives that help children cope with strong emotions like loss and trauma. The Moodsters were devised as a commercial application of this work. Daniels hired a team to produce and develop her idea under the umbrella of her new company, The Moodsters Company.

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The more transformative the new work, the less significance of other factors, like commercialism

Tamita Brown, Glen S. Chapman, and Jason T. Chapman (“Plaintiffs”) are musicians who created the song Fish Sticks n’ Tater Tots (the “Song). In 2017, a documentary film titled Burlesque: Heart of the Glitter Tribe (the “Film”) depicts a group of burlesque dancers in Portland, Oregon, one of whom incorporated the Song in a performance.

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SWD IA on the EU copyright modernization – impacts of second option for fair remuneration of authors and performers

Imposing transparency obligations on the contractual counterparty of creators

The reporting obligation would greatly decrease the information asymmetry as creators would receive the relevant information on the uses of their works and the corresponding revenues. As a direct impact, the enforcement of contracts would become much easier and effective, particularly in the case of royalty-based remuneration arrangements because the correct payment of remuneration could be verified.

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Third edition of USA copyright office compendium – choreographic works and registration issues

The choreography in a musical, a music video, or a motion picture may be registered as a choreographic work (or as a contribution to a dramatic work or audiovisual work), provided that the dance contains a sufficient amount of copyrightable authorship and provided that the dance is claimed as a distinct form of authorship in the application.

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