Drake Claims An Owl Design Is Not Protected by Copyright

Recording artist Drake was sued for copyright infringement for replicating a 3-dimensional "owl design" necklace. While no one person could ever claim exclusive rights to an owl on a piece of jewelry, the very nature of copyright allows the same idea to be expressed in many different ways.  And, the copyright owner has the exclusive right to duplicate, or grant others the right to duplicate, their work.

Even if Drake specially ordered the Owl Necklace, if there was no written document assigning the copyright from the jewelry designer that created the design to Drake, the jewelry designer is in fact the copyright owner.   According to the lawsuit filed in August 2013, the artist that created the design is an employee of Baden Baden, Inc. and  Baden Baden, Inc. is the copyright owner. A copyright registration was issued by the U.S. Copyright office listing the jeweler's employee as the author and copyright claimant.  Currently a correction of the Copyright Registration has been filed to reflect Baden Baden, Inc. as the copyright claimant pursuant to the jewelry designer being an employe of Baden Baden.

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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