By Alex Bullock
If you ever find yourself at the grocery store with only your designer handbag to put your apples in, know that the option to carry a canvas tote bag with designer style won’t be going away anytime soon.
That’s because My Other Bag (“MOB”) sells utilitarian canvas tote bags featuring images of designer-brand handbags on their sides—which play on the belief that “my bag is a [fill in luxury brand here].” In June 2014, Louis Vuitton (“LV”), one of the world’s most valuable and well-known luxury fashion brands, filed a lawsuit in the Southern District of New York Continue reading
By Chike Eze
The Copyright Act balances granting exclusive rights to copyright owners on the one hand, and limiting those rights through several exceptions, including “fair use,” on the other. A creator of an unauthorized derivative work may escape a copyright infringement claim by successfully asserting a defense of “fair use.” However, the question is whether the creator may also claim copyright protection for the unauthorized derivative work.
The Second Circuit Court of Appeals answered this question in the affirmative. In Keeling v. Hars, the Second Circuit Court interpreted Section 103 of the Copyright Act to determine whether an unauthorized work, within the bounds of fair use, may itself be protected by copyright. The Keeling court held that copyright law provides that an unauthorized but lawful “fair use work may itself merit copyright protection.”