July 31, 2019
The music industry has been in the news a lot recently
regarding intellectual property rights and related disputes. Just this week, a
federal jury determined that Katy Perry was liable for copyright infringement.
This tracks with the ongoing
trademark infringement lawsuit filed by Gibson Brands, Inc., which
continues to fascinate me.
Though in my research of these various topics and the
feedback I have received from writing about these legal issues, I have learned
that the terms “trademark” and “copyright” are being used interchangeably by
the public. This is troubling because they are absolutely not the same thing. I
would therefore like to take the opportunity to explain the differences in
these two legal doctrines. Because not all “infringements” are identical acts.
Today marks the 50th anniversary of the assassination of Martin Luther King, Jr. The most famous individual from the American civil rights movement left behind a impactful, while often misunderstood legacy, which still resonates across the world today. From an IP perspective, he also left behind a sizable amount of popular copyrighted works. Yes, the “I Have a Dream” speech is still protected by U.S. Copyright law today.
You still need to acquire permission from the King estate to use his works, including his speeches. While the estate has made some questionable decisions about who to license these works to, the fact remains that the estate maintains control over his name, his likeness, and his copyrighted works today.
But did you know that if not for Mickey Mouse and Sonny Bono, that the MLK estate would be losing the rights to these copyrighted works to the public domain this year? It’s true.