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Implied License Saves the Day (But it Doesn’t Always)

Implied Licenses Are a Last Resort In the day-to-day counseling about copyright matters, this is perhaps the most common fact pattern, and it’s surprisingly sticky. Company X has hired creative firm Y to create something for it. “It” could be almost anything: computer...

Three's Company Answer

ANSWER: FAIR USE! The opinion in Adjmi v. DLT Entertainment, Ltd. can be read here. If you didn’t read the question, forget you ever saw the answer and click here. The court was persuaded that, by taking a darker, more realistic view of Three’s Company’s themes, 3C...

Are You a Phony if You Parody "Three's Company"?

Holden Caulfield Watches a 70’s Sitcom. Hilarity Doesn’t Ensue. If television shows are as influential as most people assume they are, I’m amazed that I wound up a productive member of society1Insert your dumb lawyer joke here, I guess.. My parents let me...

The Lines of Copyright Infringement Have Always Been Blurred

I swear the title of this post is the only time I’ll be making that pun. The “Blurred Lines” case was actually highly unusual because of a key principle of copyright law that has not been discussed much at all: access. When the alleged infringement is...