Nintendo Defends Copyright – Shuts Down Metroid Fan Project

Nintendo shut down a Metroid fan project in late August. A little more than a month later, the anticipated Metroid Dread will release. Historically, Nintendo has shut down fan projects, and they have every right to defend their intellectual property. But what power does Nintendo actually have? The apparent fan project was a 2D remakeContinue reading “Nintendo Defends Copyright – Shuts Down Metroid Fan Project”

Copyright Act §106

When someone creates a work of art, whether that’s a book, a script, a photo, or a movie, copyright protection is automatically granted. Copyright law also gives the author, (or authors) the rights listed below. (1) To reproduce the copyrighted work in copes or phonorecords; The right to reproduce, or make more copies of theContinue reading “Copyright Act §106”

Licensing: Copyright

Last time, I wrote an article about the basics of licensing. This time, I will go into a deeper discussion about the complications of “owning the rights” to something. A lot of people ask about “owning the rights” to something. It can be a copyrighted work, a trademark, or something else. This article will focusContinue reading “Licensing: Copyright”

Licensing: Why does it Matter?

Many creative industries have to deal with the question of owning the rights to their creations, and giving up some or all of those rights for certain reasons. What does the rights owner need to do? They need to license their work! What does licensing mean? A license is permission to use the current owner’sContinue reading “Licensing: Why does it Matter?”

Why Does A Video Game Publisher Have So Much Influence?

In the video game industry, the maker of the game is the developer. The one who puts the game out to the public is the publisher. Why does this matter? In general, when a contract is signed between the developer and the publisher, they work together on their respective responsibilities. However, the publisher may endContinue reading “Why Does A Video Game Publisher Have So Much Influence?”

Right Of Publicity, Or Copyright? Explaining Selena Gomez’s Cause Of Action

On April 14, 2020, Variety reported that Selena Gomez has filed a lawsuit for $10 million against a mobile game company (Guangzhou Feidong Software, and MutantBox Interactive Limited) for stealing her likeness for use in the game Clothes Forever – Styling Game. The game allows users to buy “diamonds”, a kind of in app currencyContinue reading “Right Of Publicity, Or Copyright? Explaining Selena Gomez’s Cause Of Action”

Marvel Wins Copyright Infringement Lawsuit Regarding “Iron Man 3” Movie Poster

In April 2016, Horizon brought a lawsuit against Marvel alleging copyright infringement, saying that the Iron Man 3 poster was had copied a promotional piece of art for the Radix comic (called the “Caliban drawing”). In March 2017, Radix was able to succeed against Marvel’s motion to dismiss, arguing that there was a “total conceptContinue reading “Marvel Wins Copyright Infringement Lawsuit Regarding “Iron Man 3” Movie Poster”

Opinion: Thoughts Regarding Supreme Court Ruling on Fourth Estate v. Wall-Street.com

On March 4, 2019, the Supreme Court of the United States issued a ruling on Fourth Estate v. Wall-Street.com, saying, “We hold, in accord with the United States Court of Appeals for the Eleventh Circuit, that registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright. UponContinue reading “Opinion: Thoughts Regarding Supreme Court Ruling on Fourth Estate v. Wall-Street.com”

Copyright Owners Can Not Sue Until After Registration of Copyrighted Work: SCOTUS

On March 4, 2019, the United States Supreme Court ruled on the case of Fourth Estate Public Benefit Corp. v. Wall-Street.com.  The United States Supreme Court unanimously ruled that a copyright infringement suit can not be filed until after the Copyright Office has granted a registration for the work in question. The case hinged onContinue reading “Copyright Owners Can Not Sue Until After Registration of Copyrighted Work: SCOTUS”

Copyright Law Gets Better for Video Game History

At the end of October, The Library of Congress made some new fair use exemptions regarding video game preservation. There is no doubt that video games have made cultural history, and the exemptions will make it easier for libraries and archivists to share said impact. “The Acting Register found that the record supported granting anContinue reading “Copyright Law Gets Better for Video Game History”