ABA Journal


Copyright Law

This cease-and-desist smackdown has Spice Girls reference, copyright notice ‘just for fun’

Sep 4, 2013, 01:24 pm CDT


Feist, man. That decision. Wow.

By M913 on 2013 09 05, 12:28 pm CDT

I think that Covington and Burling may have a point in their assertion that "routing numbers are the result of significant ... creativity.” After the 2008 GFC, I think that many would agree that there is no industry more creative than finance.

By William Able on 2013 09 06, 1:52 am CDT

It's unfortunate that the lawyer's correct point regarding Feist comes after a completely incorrect point about the lack of a copyright notice. Whereas the lack of a copyright notice USED TO be a decent defense, that hasn't been the case since the 90s. Now, all a copyright notice gets the IP owner (if I recall correctly) is a finding of willfull infringement if infringement is ultimately found. Which only increases the statutory damages available.

By The Saint on 2013 09 06, 3:51 pm CDT

Hi Saint,

The lack of a copyright notice comes into play because routing numbers are (at least partially) a U.S. government work. You'll see such a notice, for example, on Westlaw and Lexis documents. I think that's what the author is getting at.

By The Sinner on 2013 09 06, 7:30 pm CDT

1) Feist !!!!!!
2) I heart Greg Thatcher

By DC on 2013 09 08, 1:30 am CDT

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