This Copyright Case is “Bananas”

This Copyright Case is “Bananas”

Copyright
Bill Gates once famously said that “Intellectual property has the shelf life of a banana.” While the truth of that quote is questionable at best, it seems appropriate in light of a copyright case currently in the 3rd U.S. Circuit Court of Appeals. The case is between two companies, claiming copyright infringement over a banana costume. The plaintiff, Silvertop Associates, claims that the defendant, Kangaroo Manufacturing, sold a banana costume that was too similar to their own banana costume. The defendant claimed the plaintiff’s costume had no distinctive marks (i.e., sunglasses or brown spots). Therefore, the defendant claimed the plaintiff could not copyright a design based on a fruit found in nature. The plaintiff maintains it had a specific design for its banana, which the defendant copied. While the above…
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FAQs about Copyrights

FAQs about Copyrights

Copyright
A copyright is given by statute to authors who create literary or artistic works. Once the creation takes place, authors are automatically given a copyright to their production. This gives them exclusive rights to the work, allowing them to make the sole decisions regarding the sale and publication of the work. While you are eligible for a copyright immediately following the work’s creation, it is still advisable to register your work. At Daniel Law Offices, P.A., our copyright attorneys have helped many clients throughout Orlando and Tampa register their copyrights and we have protected clients from copyright infringement. Below are some of the most common questions we hear about copyrights. What does it mean that a copyright begins on creation? Any item of literary or artistic work is eligible for…
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