Our Locations

Media Office
For meetings and deliveries:
12 Veterans Square
1st Floor Left
Media, PA 19063 U.S.A.

Click here for maps and directions.

Postal Address
P.O. Box 209
Swarthmore, PA 19081-0209 U.S.A.

Phone: (610) 892-9942
Twitter: @TechLaw_Elman and @ElmanTechNews
eFax: (925) 226-4995

Contact Us
Send a written message. Note: there is no attorney-client relationship without a signed Letter of Engagement.

Your Name:
Your Email:
Your Location (City/State):
Phone (optional):

captcha
Please enter the text shown above:

Your Message:

Elman on Tech News via Twitter
Find us on Facebook

Similar drawings, copyright infringement? Art Seidel showed a jury the answer was NO.

I’m breaking my arm patting myself on the back … at least for being quick on the draw.

I was able to come up with an additional answer to the following question, moments after it was posted on Avvo.com:

Q: Can I use mythological creatures on a card game?: Are mythological creatures, such as chimeras, wyverns, cerberus, mermaids, spirits, dragons, etc. of public domain? What I mean with this is, may I use this concepts on a card game without facing any possible sues for trademark or copyright infringements based on the character concepts?

Considering the artwork won’t be exact copies of any existing card game or illustration made before. Just the concept like: dragon.

A couple of other lawyers had already responded within minutes, but brownie points were available for a third answer if provided immediately.  I recalled an excellent article about a successful copyright infringement defense that I’d read years ago in The Philadelphia Lawyer.  And I recalled that Art’s firm had posted the article on the Web.  So I immediately found the link to it and posted:

A: Gerry’s answer: This was a good question, and attorneys Jacobson and Michelen provided some good answers.

From a copyright standpoint, you want to minimize the likelihood that you’d be creating a “derivative work.”

See this article by attorney Art Seidel http://www.drinkerbiddle.com/Templates/media/files/publications/2001/a-case-of-variations-on-a-theme.pdf

It tells the story of how he successfully defended a claim that a particular artist had created a “derivative work” depicting cardinal birds from a copyrighted work that the artist had previously sold to the Franklin Mint.

If you haven’t already read Art’s story, now’s a good time to enjoy it.  What a brilliant litigator he was!

 

Leave a Reply

You must be logged in to post a comment.

2016 Martindale-Hubbell® Peer Review Rating of AV Preeminent® Gerry Elman has received a 2016 Martindale-Hubbell® Peer Review Rating of AV Preeminent®
Clients’ Patents
Click here to see patents we’ve filed for various companies and inventors.
Sign up for free
Register here to receive email notifications of podcasts, blog posts and other informative material from Elman Technology Law. And join the annual mailing list for our calendar with images from historic patents.
Archive of Our Postings
Make a Payment
Elman Technology Law clients can quickly and securely make a payment using LawPay. Click on the LawPay box below.

Pay Your Invoice with LawPay