HILARY J. SUMNER
Creating Assets from Innovations

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IP In the News

Can Culinary Creations be Protected by Copyright Law?

Posted on July 20, 2016 at 11:05 AM Comments comments (0)

While copyright law will not protect utilitarian articles, it will protect the creative expression in making those articles.  As a result, expressive culinary works may be protected by copyright law. Additional IP protectections may also be available such as design patent, trademark and trade secret law.

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Copyright Office Offers Single Work

Posted on July 8, 2013 at 6:30 PM Comments comments (0)

The US Copyright Office is offering a trial registration option for single works where the author is the copyright owner.  This registration cannot be used in works for hire. The trial registration will be available on 6/28/2013 and these applications can be submitted using a simplified application via the Copyright Office's electronic registration system at the same cost as a standard electronic application. Comments on the new registration option will be accepted until August 28, 2013.

Yoga Pose Sequence Not Copyrightable Material

Posted on May 22, 2013 at 9:20 PM Comments comments (1)

The founder of Bikram Yoga, Bikram Choudhury, recently filed suit against two of his trainees.  The trainees formed their own yoga studio and used the identical Bikram Yoga sequence contained in Choudhury's federally copyrighted book.  The court held that the copyright protected only the books containing the compilation of exercises.  It did not protect the sequence of those exercises because that sequence is a collection of facts and ideas and not a creative work of expression.

Collage of Copyrighted Images Does Not Violate Copyright Law

Posted on May 21, 2013 at 11:20 AM Comments comments (0)

The Second Circuit recently held that an artist's use of copyrighted material in both collages and paintings does not constitute copyright infringement.  The artist's incorporation of these works was considered transformative and therefore fair use of the images. 

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English Jurisdiction Over US Copyright claims

Posted on December 21, 2011 at 6:30 PM Comments comments (0)

Storm Trooper helmets are not "sculptures" according to England's highest court

This may have implications for US copyright law.  Prior to this case, plaintiffs were required to bring suit in each jurisdiction where their IP rights had been violated.  Now it appears that English courts have jurisdiction to decide claims involving foreign copyright infringement so long as the defendant is based in the UK.

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