by Kelley Way | Jun 5, 2023 | Copyrights, Intellectual Property
What the Andy Warhol Foundation for the Visual Arts v. Lynn Goldsmith Case Means for Fair Use Going Forward – Part 1 It’s been a while since I last wrote on fair use. Since that time, the Supreme Court decided a major case dealing with fair use, Andy Warhol Foundation...
by Kelley Way | May 1, 2023 | Copyrights, Intellectual Property
Many people have asked me about AI and copyright law in the past few months. It is a hot topic right now with the introduction of ChatGPT, and there are several possible uses for AI within the entertainment industry. At the same time, AI technology raises a number of...
by Kelley Way | Jul 4, 2022 | Authors and Writing, Copyrights, Intellectual Property, Trademarks
The Copyright Small Claims Court is Now Open! It’s been a long time coming, but the Copyright Claims Board is finally up and running, and copyright owners with small claims can now file them for consideration. For those who missed my previous article on the subject,...
by Kelley Way | Apr 5, 2021 | Authors and Writing, Copyrights, Intellectual Property, Trademarks
Trademark owners are always concerned about someone stealing their trademark, intentionally or unintentionally. Here are some tips for the question I hear a lot – How do I protect my trademark? Choose a unique and distinctive mark. This will help avoid the...
by Kelley Way | Feb 3, 2020 | Authors and Writing, Copyrights, Intellectual Property
Defamation, Right of Privacy and Right of Publicity in Writing I’ve recently been asked, “Can I write about a real person in my book?” There are several ways this question pops up: Could you have your fictional character meet a celebrity? Can you use...
by Kelley Way | Oct 7, 2019 | Authors and Writing, Copyrights, Intellectual Property, Trademarks
The short answer: No. The longer answer: Most titles are simply not long enough to meet the creativity requirement for a copyright. While it’s theoretically possible, a title long enough to be deemed sufficiently creative would probably be too long to easily fit in...