I wouldn’t say that, once in a while they’ll show something that looks like it was converted from 8mm home movies and it’s still gold. If a video sits in someone’s shelf for 10 years before they send it in, I don’t really care.
2006 was the year a few of us went out to cheer a Doper on in the WSOP. This is also right after online poker became gray area illegal. PokerStars was heavily represented (our Doper was sponsored by them), and all the swag handed out had PokerStars.com on it. The .com was a huge deal, it could not be televised. You can televise .net, PokerStars.net commercials run nonstop during the televised WSOP coverage now. So gaffer’s tape and even unraveling the embroidery was rampant as things got under way.
Thanks Aholibah for the PokerStars.com WSOP players hat and tee!
Okay, so there’s a famous case about it. Your citation doesn’t show that the case had any merit. It leaves the whole issue up in the air, since the lower court made a mistake in issuing summary judgement. The appeals court reversed the summary judgement and turned it back to the district court. What happened after that? It appears to have been settled or abandoned.
Granted, it blows holes in fair use defenses in the context of set decoration. Bear in mind that set decoration takes a conscious act to feature the art work in the production of a fictional progam (or possibly, say, a news/editorial program).
Since no decision was ultimately rendered on the underlying claim, the status is confused.
For nonfiction programs where set decoration is not a feature, the fair use defense may well still apply.
The problems here are:
The typical television producer has no more clue of IP law than the average internet poster (which is to say virtually nil)
The typical corporate lawyer is such a conservative beast that he/she is apt to tell you to sit on your hands all day for fear of injuring someone
Nobody really wants to spend the money on being the test case, when they are already dealing regularly with copyright clearances/licensing or simply blurring
N.B. as indicated, this applies to art work. Logos (trademark) have nothing to do with rights issues, just with maintaining good commercial relations with promotional partners who pay to have their products features.
I’m a guitar nut and have noticed a few times that the logos on the headstock have been blurred out or covered with a different sticker or electrical tape. Can’t think of a specific example but I’ve seen it a few times.
Um, of course it had merit. The artwork was displayed to the public in a commercial product without the copyright owner’s permission. If it had no merit it would not have gotten as far as it had in the first place and the appeal court would have said it had no merit instead of sending it back for further review over some of the points.