This doesn’t just happen in music. Disney went to court over Frozen this year. A short film director claimed that Disney stole the Frozen plot from her short film, The Snowman. While she lost her case, twice, it is an example that intellectual property rights can be very broad and easy to allegedly infringe. Even though the case lost, Disney settled outside of court to avoid future lawsuits and to protect rights to a sequel. (Li, 2015). Film makers who want to remake a story, and who are obviously doing so, must request rights. If they do not want to request rights, they need to be prepared to defend the intent, characters, storyline, and images portrayed in their work. Beyond that, film makers must be careful with music, famous locations, and anything else for which someone may claim ownership. (Butler, 2007.)
This even happens in graphic design. Logos using generic objects, such as Apple Co.’s apple, or numbers, can have unintentionally similar appearances. Sony sued Clearwire Co. in 2010 over a very similar color scheme and style in their logo. Apple pursues companies that use an apple in their logo in an attempt to avoid brand confusion, even when the product or market is entirely different. (Bogdan, 2011). Unfortunately, there a countless common objects that are vulnerable to infringement cases when used between companies. Using a unique color scheme and font when applicable, researching potential similar logos, and protecting your design will all help protect against possible infringement.
Sources
Bogdan. Logo Copyrights and Wrongs: 5 Interesting Recent Infringement Lawsuits. Top Design Magazine. 2011. www.topdesignmag.com.
Butler, Joy R. The Permission Seeker’s Guide Through The Legal Jungle: Clearing Copyrights, Trademarks, and Other Rights for Entertainment and Media Productions. Sashay Communications. 1 March, 2007.
Knopper, Steve. ‘Blurred Lines’ Lawsuit: 5 Major Music Industry Implications. Rolling Stone. 12 March, 2015. www.rollingstone.comLi, Shirley. Disney Settles Frozen Copyright Lawsuit. Entertainment Weekly. 25 June, 2015. www.ew.com.