New York New York Legal Blog

Many artists here in New York understand that copyrighting their work helps protect their intellectual property. Copyright law exists to help artists make a legal claim if a person or company misuses or steals their artistic work. It's used by artists of all types, including painters, musicians, photographers and more. A recent copyright claim could update the rules on what kinds of artistic works can be protected. Several street artists from out of state are fighting a suit from Mercedes-Benz, claiming that the automaker used their work without permission.

The claim involves four artists who sent threat letters to Mercedes-Benz after they claim the company used photos with their street art in the background on its Instagram account. The company has gone to court, claiming that the photos fall under fair use or that it is protected by the Architectural Works Copyright Protection Act. That act says that a copyright claim on architecture can only be filed if someone builds an exact replica of an architectural structure. Mercedes-Benz argues that, under this act, photos of the building are protected.

Artists and businesses of all kinds here in New York have to take care that their work isn't misused or stolen. If they don't, they could experience significant financial loss. Sometimes, larger companies and businesses can make matters difficult for artists and business owners who do not have the same level of means. Putting a trademark on one's intellectual property may be the best way to protect a product or artwork. However, some larger companies and organizations are attempting to trademark small, common words, which could have significant impact on many people.

Two different entities, fashion designer Marc Jacobs and Ohio State University, have filed a trademark for the word "the." Marc Jacobs' application was filed first and thus will have priority, though it is still under review. If the fashion label has its claim approved, OSU may have to take extra measures to enable its own right to use the word.

The modern online world offers people multiple ways to make money. Many content creators produce online videos, with things like tutorials or opinion pieces, or using them as a way to market their own artistic creations. One of the biggest distributors for this content is YouTube. There are people who have found great success putting their content on YouTube, but up until recently, some of the rules regarding the usage of music prevented some creators from sharing their videos. YouTube has changed their rules going forward, and many are hopeful that it will help content creators, though some are concerned that it could harm other artists and violate copyright law.

Previously, if someone uploaded a video to YouTube that contained part of a song, it could get flagged for removal by the company that owns the song. Though this was a helpful way to protect artists, some content creators argued that their videos could get flagged for something as simple as music coming from a passing car. Flagging prevents a video from being shared or it may stop the video creator from receiving any profit. Content creators either fought back against the claim, or took down the video. In some cases, larger companies received the profits that the content creator would have gotten.

Copyrights are important for New York musicians, but they are also useful for artists of any kind. That could include writers, photographers, visual artists and many others. Those who create puppets and costumes often need the protection of copyright law, too. This is evident in the recent civil claim that one Major League Baseball team brought against a married pair of artists responsible for creating a recognizable team mascot known as the Phanatic.

The costume was created by a husband and wife team who creates puppets and costumes. They created the character back in 1978 and were paid less than $4,000, though they retained the copyright. In 1984, the team purchased the rights from the couple for $250,000 and claimed the agreement was supposed to last indefinitely. The law says that artists can renegotiate copyright agreements after 35 years have passed, which is what the artists are attempting to do.