Author Archives: Cynthia Sanders

Fan Fiction Gets Weird

Popular author L.J. Smith of the Vampire Diaries series was terminated by her publisher and replaced with a ghostwriter. Some fans are content to continue reading the now ghostwritten series. Other fans are buycotting. What did L.J. Smith do? She is writing new Vampire Diaries stories as “fan fiction”. Fan fiction is understood as meaning stories (...) [Read More]

Gov. Chris Christie’s Four Liter Jersey Traffic Jam

Irresistable mash-up by “the Bosses” for the Gov, delighting both my “Jersey Girl” and copyright lawyer personalities.

US Supreme Court to take on the patentability of software. Can the decision reduce the incidence of troll attacks?

Mathmatical algorithms are unpatentable. Software is a collection of algorithms expressed in machine code. Under current law, only software that involves a specific machine or physical result. The U.S. Supreme Court accepted cert in a case,  Alice Corporation Pty. Ltd. v. CLS Bank International (docket 13-298), involving financial software to mitigate risk in settlement transactions. The trial (...) [Read More]

Fair use ruling for Richard Prince stands, Supreme Court declines to hear Patrick Cariou’s appeal

The US Supreme Court has declined to hear Patrick Cariou’s appeal requesting a rehearing of his case against Richard Prince. The decision came one week after district court Judge Deborah Batts* accepted amicus briefs from the Andy Warhol Foundation for the Visual Arts and the Rauschenberg Foundation encouraging consideration of the opinions of art historians (...) [Read More]

Using the term Natural in food advertising? Products claiming to be ‘au natural’ may need to meet a higher standard

“My food is more natural than your food” lawsuits have been bountiful in the last few years. Following this trend is a “food advertising modernization” bill, HR 3147, introduced by U.S. Representatives Pallone and DeLauro, that would require advertisers who claim their products are ‘All Natural’ to prove that the food does not contain synthesized artificial ingredients that (...) [Read More]

Can Newsworthiness fade away? A tabloid figure of the 1970′s loses her fight for privacy.

Joyce McKinney allegedly kidnapped and raped a Morman missionary dubbed the Morman Sex Slave by the Daily Mirror. McKinney was the Diaper Wearing Astronaut of her time. Tabloid media’s entertainment value comes from invading the personal lives of notable and notorious people. Invasion of privacy laws protect people from injury from unwanted attention. Public figures like elected officials (...) [Read More]

Dear Friends: Copy and paste Facebook Privacy Notices are SPAM. Kindly stop reposting!

Or perhaps the notices are a hoax virus– spread by friends bullying friends to spam others to show respect for the poster’s privacy and copyrights. Posting and re posting the Facebook Privacy Notice will not change Facebook’s policies.  If privacy is a concern, adjust privacy settings or avoid using Facebook for private communications. If controlling content is a concern, (...) [Read More]

Appropriation of famous logo is trademark infringement? You be the judge.

Banksy on branding. The elusive street artist is seemingly frustrated with his own commercial success. To him great street artists need to remain criminal to keep their art pure. Most appropriation art could violate commercial law but is not criminal, unless it involves a violation of Copyright law’s DMCA. The image above is not a copyright infringement, but is potentially trademark infringement and dilution of (...) [Read More]

No “Happy Birthday” for Trolls? Filmmaker seeks public domain judgement on song’s copyright

“Happy Birthday to You” is protected by copyright? The song is based on the tune from “Good Morning to All,” written in the late 1800′s. Over the years families adapted the tune for singing birthday greetings. Vexed with paying synch fees for use of the song in a film, producer Jennifer Nelson of Good Morning Productions asked a court to determine that “Happy (...) [Read More]

Maryland General Assembly approves $25M in film production tax credits.

Did you hear the roar? Opening Day is not until Friday in Baltimore, but Maryland’s film and television crew base  and hundreds of small businesses are cheering the General Assembly for extending the film production the tax credit, and approving an additional $17.5 million in tax credits for eligible televison and film projects in 2014. The (...) [Read More]