Some Guy is Pretending to be Me, and I'm Okay with That... For Now.

Some Guy is Pretending to be Me, and I'm Okay with That... For Now.

Maybe it's karma. I have been posting a lot of articles about "life story rights" lately. Questions of copyright, trademark, rights of publicity and privacy seem to affect every film, play, and television series I advise. So maybe I shouldn't be surprised that there's some dude out there that's pretending to be me.

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Your Life Isn't Protected by Copyright (and Neither is Lenny Kravitz's Junk)

Your Life Isn't Protected by Copyright (and Neither is Lenny Kravitz's Junk)

What do a Mets game, a Flying Rabbi, and a private part of Lenny Kravitz's anatomy have in common? Lawyers have had entirely too much latitude, without substantial consequence, in making legal claims on their behalf.

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Always Keep a (Trade) Secret

Always Keep a (Trade) Secret

A long long time ago, my wife Devra and I developed a recipe for the most decadent brownies anyone had ever tasted. Anyone who tasted them pleaded for a copy of the recipe. Of course, we started a side business, and guarded the recipe with our lives. Even without a formal understanding at the time of trade secrets laws, we knew instinctively that if the recipe were revealed, our business would be diminished.

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Vanna White Couldn't Hit the Legal Jackpot Against New York Lottery, Could She?

Vanna White Couldn't Hit the Legal Jackpot Against New York Lottery, Could She?

In 1993, Vanna White won a California case against Samsung that many lawyers and judges found preposterous: she won more than $400,000 for a "right of publicity" claim in which she argued that a commercial that featured a robot with a blonde wig turning letters on a board was infringing her likeness. 

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Can Infringement on Etsy, CafePress, or Ebay be Considered "Fair Use?"

Sure, you know that someone registered the trademark to that logo you mock on those t-shirts you sell on CafePress. Or you've crafted a functional sculpture from food packaging that sells like hotcakes on ebay. Maybe you've printed a few lines from a famous song onto a mug and gave it the tag "Beyonce" in your Etsy store. But you can do it, right? It's fair use, right?

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