Janet Fries

About Janet Fries

Janet Fries protects and champions creative expression by artists, filmmakers, authors and others. She seeks to ensure that clients, both individual artists and corporations operating in entertainment and the arts, reap the rights and benefits afforded to them under U.S. and global intellectual property laws through negotiation, mediation and litigation. A trained fine art photographer herself and a leader in the community of lawyers who serve artists, Janet is immersed in the field both personally and professionally.

Debunking Copyright Myths

Share

While most of our posts relate to trademark matters, brand owners should also be aware of some common misconceptions about copyright law, which we debunk in the following article. This post is based on the authors’ article “Debunking Copyright Myths,” originally published in Landslide® magazine, Vol. 11, No. 6, July/August 2019, by the American Bar Association.

These days it seems that copyright law is everywhere, from lawsuits alleging that the multiplayer online battle game Fortnite infringed popular dance moves such as the floss,1 to the Ninth Circuit agreeing that Pharrell Williams and Robin Thicke’s song “Blurred Lines” infringed Marvin Gaye’s copyrighted hit song “Got to Give It Up.”2 As the Internet and technology have become omnipresent in our lives, the constant availability of copyrighted content—from streamed music to photos and posts on social media—has led to the perpetuation of copyright myths. Unfortunately, these myths and numerous others have caused misconceptions over the rights of the copyright holder and the obligations of the user.

Continue reading

Minimizing Website Infringement Liability: (Re)Designate Your Digital Millennium Copyright Act Agent

Share

If you have a brand, chances are you have a website.  And if you have a website, chances are you have content on the website – probably some combination of text, music, photos, and graphics, including a logo that may be registered with both the USPTO and the Copyright Office.  You’re probably taking steps to help ensure that infringing content isn’t posted to your website –right?  In case you hadn’t heard of it, here’s an additional nifty, inexpensive way for you to help minimize liability even further: compliance with the Digital Millennium Copyright Act (DMCA). Continue reading

Protect Your Brand via Copyright

Share

Brand owners may be able to use copyright law, in addition to trademark law, to better protect their brands.  “Hey, wait a minute,” you say.  “I thought this was a trademark blog!”  Well, it’s our job to make sure every aspect of our clients’ brands is protected in the best way possible—even if that means venturing into the world of copyright law (and patent law . . . but that’s for another post).

Copyright law protects original works, such as writings, pictures and works of art, which have been expressed in a tangible way.  Trademark law, on the other hand, protects words, phrases, symbols and designs that identify and distinguish the source of products and services.

Continue reading