Intellectual Property Law

Good Artists Copy, Great Artists Steal

By Tim Armstrong, Derek Bambauer, and William McGeveran.

When is it acceptable, and legal, to copy someone else’s photo, or recipe?

Borrowing from Larry Lessig, there are three constraints on copying: social disapprobation (norms), technological impediments (code), and fears of copyright infringement liability (law). We see two case studies in today’s Washington Post and New York Times. First, Missy Chase Lapine has sued Jessica and Jerry Seinfeld for copyright infringement and defamation. Her allegations are that Mrs. Seinfeld’s cookbook unlawfully copies her ideas, and recipes, about hiding nutritious ingredients in children’s foods (kids, inspect your brownies carefully!), and that Mr. Seinfeld slandered her as a “wacko” on David Letterman’s show. Second, the Post looks at instances of corporations and mass media entities using (copyrighted) photos without permission. The two articles reinforce how much copyright law and popular conceptions about copyright are at odds.

Full post as published by Info/Law on January 09, 2008 (boomark / email).