Ask Greg: Yes Trademark Fair Use Exists!

Ask Greg: Yes Trademark Fair Use Exists!

How you reference an existing brand will dictate whether you become liable for trademark infringement or public disparagement of the brand, but there are carve-outs in trademark law that allow you to fairly reference an existing trademark without being liable for infringement. Yes you heard me right; trademark fair use exists!

Read More

​Which Suburban White Mom Are You? The Art of Not Using Someone's Likeness For Your Next Meme

There's something fundamentally appealing about having something you created become part of the social zeitgeist, even if only for a little while. You get a little juice and maybe that turns into bigger opportunities for you. I'm all for that. But because of the way the internet works, it's super easy to take something that isn't your and reappropriate it without even thinking about it. Add to that peoples' misunderstanding of fair use, and you get a perfect storm of ignorance. 

Read More

What A Film Is v. What It Should Be, or Why We Can Criticize Batman v. Superman For What It Failed To Be

Is it ever appropriate to critique a film for what it could have or should have been, as opposed to what it is? In most film criticism circles, the answer is generally no. A good critic has to judge the film based on what it sets out to do - even if it fails by conventional standards - not what you want from it. You wouldn't criticize a hangout movie like Dazed and Confused for not having a plot, or disparage Furious 7 for not being an Oscar contender. Those films wanted different things than you. But do we always have to follow this rule? I ask because I recently saw Batman v. Superman: Dawn of Justice (BvS from this point on) and I think it’s one of those films that permits us to judge it for what it wasn’t. Let me explain.

Read More

The Foggy Effect: Daredevil Season Two Shows Us What Good Lawyering Really Is

Greetings friends! I’ve returned from my two-month sabbatical to give you a take so hot you better cover your face if you don’t want your eyebrows singed off. Ready for it? Daredevil season two is pretty great about showing what it’s like for lawyers to excel at work they don’t even like.

Read More

Pressing Pause And The Art of Reduced Capacity Blogging

Dear friends and readers. For only the second time since I started The [Legal] Artist, I will be taking a sabbatical to attend to various personal and business matters (don't worry, they're all good!). My sabbatical will begin today, February 5th, and is expected to end by April 25th. Although I will be very busy during that time, hopefully I'll be able to slip away now and again to offer opinions or provide some advice. So if you miss me, feel free to check back for a nugget or two. And of course, you're always welcome to dig through my back catalog and read some of my older pieces.

Thank you all for your readership and I hope to see you all again soon!

You Can’t Copyright Style

You Can’t Copyright Style

Shortly after Star Wars: The Force Awakens came out, something happened that no one could have possibly predicted: people started making fan art. Shocking I know, but in a world where Donald Trump is the leading Republican candidate for President, I’m not sure anything’s a surprise anymore. Anyway, among those artists was Disney and Marvel illustrator Brian Kesinger. But Kesinger wasn’t interested in your run of the mill fan art. He wanted to do something special. The result of his labor: a series of adorable illustrations of Kylo Ren, Han Solo, Leia, and Darth Vader from The Force Awakens done in Bill Watterson’s inimitable style. Kesinger not only nailed the famed Calvin and Hobbes look, he also got Watterson’s voice.

Read More

Great Teamwork Makes Great Films, So What Makes Great Teamwork?

If you’re old enough to read this blog, then you’ve probably been forced to work in a group at least a few times in your professional life. There’s a ton of academic work out there espousing the benefit of teamwork, but if your experience is anything like mine, you’ve probably come to one indisputable realization: teamwork sucks. Between the egos, the shirking of duties, and the micromanagement, who needs it? Filmmakers do.

Read More

On Bill Watterson’s Refusal To License Calvin and Hobbes

When Calvin and Hobbes went out of print twenty years ago, I think most people assumed it would return at some point. I know I certainly did. Calvin and Hobbes was a formative part of my youth - the sly brilliant writing and stark black and white illustrations providing color to my sense of childhood wonder and adventure. Watterson had the innate ability to put on the page something that spoke directly to the brash creative misfit lurking deep inside of me (or maybe not so deep if my mother is to be believed), like he was illustrating the comic for an audience of one. With something so clearly loved by its creator and so personal, I just couldn’t envision a world where there would be no more new ones. And if Calvin and Hobbes had been created by anyone other than Bill Watterson, we probably wouldn’t have heard the last of it. 

Read More

Sweat The Business Stuff: What Type of Business Are You Running Anyway?

Forming a business entity legitimizes you and your work in the eyes of your peers, clients, and professional network. You’re not just a person working alone in a poorly ventilated basement (although you may actually be that). You're a Business with real prospects and a real product or service. In other words, it makes you look credible.

Read More