Intellectual Property

Gift Guide For The Intellectual Property Geek

Try one of these gift ideas below, some of which were the subject of litigation.

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Still looking for a holiday gift for the IP geek who loves all things copyright, patent, and trademark?Try one of these gift ideas below, some of which were the subject of litigation (including in other countries).

Monkey Selfie Poster: This one probably needs no explanation, given long-running press coverage (including here at ATL). The infamous “monkey selfie” generated several copyright questions and subsequent legal disputes regarding a photo taken by the endangered Celebes crested macaques using photography equipment set up by photographer David Slater. Who, if anyone, owns the copyright? While copyright typically would be granted to the photographer, the question of whether an animal, rather than a human being, could be granted copyright remains. Or did the copyright more properly belong to Slater? If neither Slater nor the monkey could own copyright, was the photograph in the public domain? The Copyright Office provided clarification in 2014 that only human-created works could be copyrighted and specifically used the example of a photograph taken by a monkey as something that would not warrant protection. In one of the cases, the Ninth Circuit ruled earlier this year that animals have no legal authority to own copyright.

Patently Absurd by Christopher Cooper: I really enjoy crazy patents. While you never know what might have monetary value, there are some crazy ideas there — from things that I can’t believe the patent office granted a patent for to hilarious Christmas-themed patents. Patently Absurd (which is out of print, but still available from some sellers), covers some ridiculous inventions.

A History of Intellectual Property in 50 Objects edited by Claudy Op den Kamp and Dan Hunter: Not yet out, but set to be released in early 2019, is this very interesting book covering the history of copyright, patents, and trademarks in 50 objects — like the Mona Lisa, light bulb, and Lego brick. (Gavel bang: Professor Emeritus Peter Jaszi, who was kind enough to answer some questions on fair use in this column earlier this year)

South Butt Shirts and Hoodies: In 2007, a high-school teenager parodied North Face clothing, selling t-shirts and other clothing with a wavelike pattern which looked like an upside down North Face logo and the words “South Butt.” The products included the tagline, “Never Stop Relaxing,” parodying North Face’s tagline, “Never Stop Exploring.” North Face sued, seeking an injunction based on a claim of trademark dilution. An attorney for the teenager asserted “the consuming public is well aware of the difference between a face and a butt.” The parties were ordered to mediation and reached settlement of undisclosed terms. While the original website has been shutdown, shirts are still available on other sites.

Suicide Girls Appropriation of Richard Prince’s Appropriation of Suicide Girls’ Instagram Post: I’ve covered Richard Prince’s appropriation art on this blog before, including the Suicide Girls’ response. Recall that Richard Prince created a “New Portrait” exhibition, in which he took existing posts by others on Instagram, added a comment and then blew them up and sold them as artwork. During the kerfuffle, Suicide Girls’ works featured prominently, but instead of suing Prince, they found a way to exploit the appropriation and take advantage of the heightened publicity. Suicide Girls took what Richard Prince had done, and re-appropriated it by adding a comment below Prince’s. While Prince was selling his work for $90,000, Suicide Girls sold their versions for $90. The blog post initially advertising the Suicide Girls’ prints, included the note, “Do we have Mr Prince’s permission to sell these prints? We have the same permission from him that he had from us.” Prince, for his part, called the Suicide Girls’ response “smart.” Unfortunately, it doesn’t look like Suicide Girls are still producing their re-appropriation (which I’m really disappointed about, because I’d love to purchase one!).

Lindt chocolate bears: When Lindt chocolate began manufacturing bears and chose to wrap them in gold foil, the company was hit by a lawsuit by Haribo, a company that sells gummy bears. Haribo claimed that by wrapping the chocolate bears in gold foil, Lindt infringed its trademarked gold bear. Haribo asserted that the use of gold foil would confuse consumers, but a German court disagreed, finding that Lindt’s bears did not infringe trademark nor was it an imitation of the gummy candies.

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Goodnight iPad (and other Goodnight Moon parodies): For several months when he was an infant, Goodnight Moon was my oldest child’s favorite book. While he’s always loved reading, Goodnight Moon was a book that seemed to calm him immediately. I have to admit, I got pretty tired of reading it every night. Every. Single. Night. But it does make the scores of Goodnight Moon parodies all the more enjoyable. Goodnight iPad is one of my favorites, but there are many others.

Illegal Art Exhibit Companion CD: I’m not really sure where you can find a copy of this, but the link does take you to information about it and includes a track list. From the description on the website: “Included on the CD or tracks legally deleted from our culture: samplephilia classics and a few surprises.” (Gavel bang: UC Irvine law professor Jack Lerner who provided several suggestions in response to my solicitation for IP-related gift ideas; I didn’t include all of his recommendations, so feel free to check out the Twitter thread for others)

Everything is a Remix shirt: If you’ve read my column for any length of time, you’ll be familiar with my opinions on remix. Indeed, everything is a remix and there’s nothing new under the sun. New culture depends on a vast public domain. Disney retells old stories, repackaging them and giving them new life. New scientific inventions rely on old inventions and scientific achievements. The transformation and recombination of existing material is exciting and these shirts are a perfect reminder. (Gavel bang: Professor Jack Lerner for this suggestion!)

The Da Vinci Code by Dan Brown: At this point, 15 years after its initial publication, I don’t know anyone who hasn’t read The Da Vinci Code — or if they haven’t, they have heard of it and have no intention of ever reading it. Still, it’s a fast read and has a copyright connection. Dan Brown was sued in different cases for infringement. First, author Lewis Perdue argued that Brown’s book infringed on his Daughter of God, but both the district court and Second Circuit rejected Perdue’s claims, finding instead that any similarities stemmed from “generalized or otherwise unprotectable ideas.” Brown also faced a lawsuit in the UK by the authors of the non-fiction book, Holy Blood, Holy Grail. There, the judge found that Brown’s fictional book did not infringe on a book presented as historical research.

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Krista L. Cox is a policy attorney who has spent her career working for non-profit organizations and associations. She has expertise in copyright, patent, and intellectual property enforcement law, as well as international trade. She currently works for a non-profit member association advocating for balanced copyright. You can reach her at kristay@gmail.com.

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