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When George Lucas decided to battle the creator of the original 1977 Stormtrooper costume, the Empire struck and won in the US. But when it struck again, in the British Empire, it was struck back. The lesson learned? Do the research before engaging in an overseas lawsuit, or on the flipside, taking your original work overseas. more...

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Have you ever thought about using part of a picture or story in order to create something new and different? If so, you may be in trouble with the original author and even the courts. Why? Because, your "new" project may be considered a derivative work. more...

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Many of us have looked at a piece of art, watched a movie, or listened to a popular song and thought of using it to create something new. Well…can you? more...

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What if you decided to rewrite F. Scott Fitzgerald's classic novel The Great Gatsby? Good luck with that. But wait: your protagonist is not Nick Carraway, but instead is Jordan Baker—long-time friend of Daisy Buchanan. Jordan, like Nick, goes to Gatsby’s fabulous garden parties on West Egg, drinks and rubs expensive elbows. Jordan is also a professional golfer, and the original novel hints that she may have some skeletons in her closet. So you seek to address Gatsby from a new perspective—one hinted at in the original, but one wholly unexplored, and one that you think will beget a new, incisive and surprising result. So what’ve you got—groundbreaking literary copy or copyright liability? more...

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An unknown, down on his luck fighter gets a shot at the big time against the reigning, legendary champ. Although the endearing underdog eventually loses by technical knockout, he dances toe-to-toe with the champ for 15 rounds, even knocking down one of the greatest pugilists ever along the way. more...

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Painter Darby Bannard once said that “Originality is way overrated. To make, you need to take. All great artists do.” Franklin P. Jones states that “Originality is the art of concealing your source.” And no less than Ernest Hemingway echoed this when he wrote that all modern literature comes from Huckleberry Finn.  So how much new art is truly original, and when does it matter? more...

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There’s a fine line between form and function when it comes to fashion. In fact, the line is so fine that current laws don’t offer copyright protection for clothing, shoe and accessory design. However, a new law might be able to break the trend and give clothing designers the ultimate accessory: a copyright. more...

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Ever wonder what you can copyright? Or whether you really need to copyright your work to protect it? Copyright can be confusing, so we break it down and give you the basics you need to know. more...

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The great French Post-Impressionist painter Paul Gauguin once said, “Art is either plagiarism or revolution.” More than 100 years later, this statement is still up for debate among artists, some of whose work is being found to infringe others’ copyrights. more...

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In the early 90's song "Pass the Mic," the Beastie Boys used a six second segment from jazz flutist James Newton's composition "Choir" prompting him to sue on the grounds of copyright infringement despite a licensing fee. You can protect yourself by compensating the artist through a license. But, how much of someone else's work can you use without a license? more...

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