Certain kinds of copyright infringement are clear. If someone uses your logo without permission, passes off your artwork as their own, or releases your book with their name attached instead of yours, then the legal status is straightforward. Theft is theft. However, other cases are less clear. A Canadian film director, Damon Pourshain, is currently suing Disney/Pixar over alleged copyright infringement regarding the film “Inside Out,” which won the 2016 Oscars for Best Animated Film and Best Original Screenplay. Mr. Pourshain alleges that Disney/Pixar copied distinct elements from his short film of the same name, which released in 2000. His case cuts to the heart of the burden of proof in copyright law.
Copyrights are useful to those in New York who have created a tangible work that is of value to them when they want to protect the work from being duplicated by another. Books, pieces of art, movies and television shows are all examples of works that might be copyrighted. However, there will always be those who infringe on another person's copyrighted work. When this happens, the person whose work was infringed upon may want to file a lawsuit. However, they only have a limited amount of time to do so.
In today's active business climate, staying competitive is more important than ever. Businesses in New York will want to make sure their advertising is effective and that their trademarks and trade secrets are protected. They will also want to increase their customer base and see an uptick in sales of their goods or services. All of these actions can lead to a profitable and successful business. However, sometimes, in pursuit of these goals, a business will either be accused of committing unfair competition or will claim it is the victim of unfair competition.
In the workplace, non-compete agreements are used by Manhattan employers to prevent employees from taking company secrets to a competitor. Many employers understandably want to keep their trade secrets confidential and don't want employees to be lured away by competitors wanting to get access to trade secrets. Still, many people think that non-compete agreements are being overused in the workplace.
While some items have clear copyrights, artwork can be a trickier subject area to identify and prove copyright infringement. The question of infringement has recently appeared with a prominent lawsuit between WWE wrestler Randy Orton’s tattoo artist Catherine Alexander and the WWE and video game publisher 2K Games.
In a prior blog post, we discussed how offer and acceptance is a key component of almost all legally enforceable New York contracts. In this blog post, we will discuss another key component: consideration.