Public Domain Day 2021

Public Domain Day has become something of a tradition here at The Law Firm of Dillon McCarthy, ever since it finally became a thing again a few years ago. This January 1st, some fantastic and important works of art entered the public domain in the United States.

First the books. 1925 is widely thought of as one of the greatest years in modern literature. The books that entered the public domain this year include Mrs. Dalloway and one of the my favorites, The Great Gatsby. The films of Buston Keaton continue to march into the public domain with Go West. In music, classics from Irving Berlin, Ma Rainey, and Duke Ellington become free for everyone to use.

Public Domain Day brings a gift to the public every January 1st, and hopefully for the foreseeable January 1sts this will continue to be the case.

Trade Dress Isn't a Catch-all

A reminder from the Third Circuit that trade dress, one of the least understood areas of intellectual property law, is not a catch-all to be used against competitors. Trade dress protects the decorative appearance of an object’s packaging or appearance, insofar as they signify the source of a product to consumers.

But this protection is only available for non-functional design elements. It cannot be used to stop competitors from putting out a similar competing product that has the same functionality. Patents protect functional design elements, and only last for a limited period of time.

So when the makers of Pocky, the dipped cookie sticks, sued the makers of Pepero, the Third Circuit ruled against them. Trade dress cannot protect useful features, like how a cookie is designed to be easy to eat as a snack. That’s good news for anyone looking for options when it comes to snack time.

Intellectual property can be complicated and technical. If you have any questions related to your own IP, contact the Law Firm of Dillon McCarthy.

Los Angeles Resumes Film Production: What to Know for Your Set

Los Angeles is allowing film production to begin again. But coronavirus still threatens the health of the cast, crew, and other workers interacting with the set. The new rules for mitigating these risks are strict, and productions risk their future by ignoring them.

Most productions will not begin filming for some time, but these rules are not going away. In line with the governor’s orders, all members of the cast and crew must wear masks. While in front of the camera, if masks are not practical, actors are encouraged to remain at least 8 feet apart. The production itself must provide personal protective equipment and sanitation supplies for the crew to use.

A number of practices are being turned on their heads. Actors are asked to apply their own makeup. Traditional craft services buffets are banned. Everyone entering the set must be checked for signs of coronavirus before entering. Regular testing for the disease is required.

The County’s orders for film production are long and detailed, covering everything from who can be on set, what can be done there, and what procedures must be followed regarding testing and follow-up in the case of infection. Any production looking to resume filming should consult legal counsel for advice regarding the County’s Order on Reopening Protocol for Music, Television and Film Production before doing so. The Law Firm of Dillon McCarthy can help your production navigate these rules as you re-open while trying to keep your crew safe.