Why You Need to Think About Copyrights

There’s an old adage that states, “the devil is in the details”. There is hardly ever a case where this is not true and that especially goes for copyrights. Many people get snared in the net of misunderstanding and general apathy about how important copyright is. Unfortunately, this happens all too often.

We’ve all heard the stories about artists like Beyoncé and Jay-Z being sued for copyright infringement. I’m certain that most people have wondered how true the claims were. Perhaps some wished they could be a party to the deliberations on such claims. It’s all very intriguing. Still, it is a very real part of doing business in the entertainment industry.

Just this year, the creators of “South Park” were sued for copyright infringement. According to The Wrap (2012), Exavier Wardlaw claims that the Lollipop King character used in several “South Park” episodes was based on his character from a show called “The Lollipop Forest”. Further, Mr. Wardlaw is upset because he feels that the vulgarity of “South Park” has tainted the image of his own show. The onus is on Mr. Wardlaw to prove his claim in a court of law. Without having all the facts of the case, I will say that these kinds of cases occur more frequently than one would guess. We live in a world that constantly feeds our creativity. However, it often becomes difficult to determine whether that brand new thing we thought up was completely brand new. That is why it is so vital to protect your intellectual property and know the law. I could not say whether Mr. Wardlaw will win his claim but I can say that litigation is costly and no one should enter into it frivolously.

Examining a case like Eastland Music Group & Whitty vs. Lionsgate, one is led to ask people really think before they file lawsuits. Eastland Music Group and Raynaraldo Whitty claimed that they had trademarked “PHIFTY-50” and had trademark rights to the mark “50-50” by common law because the company had been using since 2000 (2012 U.S. Dist., 2012). The company claimed that Lionsgate violated their trademark by naming their 2011 movie “50/50”. The problem with this particular claim is that the term “50-50” is such a generic one. The court ruled that Eastland & Whitty were not damaged by the use of the term in the movie title and agreed with the argument that the movie sufficiently established that the term referred to the odds of the main character living after a terminal illness diagnosis (2012 U.S. Dist., 2012). Frankly, I think this speaks to the need to be much more distinctive in choosing trademarks.

Even religious leaders and organizations find themselves in litigation over copyright. In 2011, Joel Osteen was sued for copyright infringement. Yesh Entertainment claimed that Osteen used their music without permission. In answer a spokesperson for Lakewood Church and Joel Osteen commented that the church had license to use the music in question and that the claimants were likely unclear on the specifics of the license. The claimant was asking for a three million dollar reward.

          The bottom line is that copyright is a very serious matter. Taking the time to understand the implications and parameters is time well spent. However, that does not guarantee that you will never be sued or need to sue anyone. Knowing your rights about the intellectual property you create places you at an advantage. Additionally, being careful to respect the work of others is also important. Again, litigation is costly.