Tools of The Trade Tools of the Trade I
"Copyrights and Copywrongs" was the topic for Tools of the Trade, held on May 13 at the Michigan Avenue offices of Getty Images. Kristin Lingren, General Counsel for VSA Partners, and Steven Baron, a partner at Mendell Mankes, LLC, were the speakers.
The morning presentation began with a pop quiz that served to point out popular misconceptions about copyright laws. Lingren then shared some examples of infringement cases, such as a lawsuit between a group of designers and Taco Bell over the stolen use of the famous "psycho Chihuahua."
Lingren and Baron tag-teamed throughout the presentation explaining the basics of copyright laws, such as authorship rights, protection guidelines, and details on infringement. Some legal terms such as "substantial similarity," and "derivative" versus "transformative" copying shed light on how courts see the various forms of appropriation. It was most helpful to learn the difference between copying an idea, which is not protected, and copying an expression of an idea, which qualifies as infringement.
In concluding their talk, the two attorneys gave advice on how designers and marketers can protect themselves from possible infringement suits. Penalties can be costly and quite severe. So, it is important to understand these laws, or engage counsel, so that a project's chain of custody does not result in even an accidental involvement. Paying careful attention to legal agreements and contracts and registering works with the government are also important actions to take.






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