Home -> Law Blog Directory -> Patent Law Blogs -> IPBiz

Patent Law

: IPBiz

The muse strikes twice

By Lawrence B. Ebert, Esq.

Patently-O had a recent post on the "simultaneous invention" factor, which evoked the Lemley-ism found in the March 08 New York Times ("Edison"). Note text from Editor&Publisher in the recent [alleged] plagiarism case involving a political cartoon:

Jim Hope was accused, in a cartoon submitted July 22, of nearly copying a July 21 cartoon by Nate Beeler of the Washington Examiner. Both drawings showed bailed-out Fannie Mae and Freddie Mac tumbling from the sky as they ask a man on the ground labeled "taxpayers" to break their fall.

Hope, in denying the alleged plagiarism, was quoted as saying: "It just seems that the muse struck twice but at a different time and place.... I had no previous knowledge of Mr. Beeler's work till I was notified by the Star-Exponent.

"After locating Mr. Beeler's work, I was dumbfounded in the similarities. I contacted Mr. Beeler explaining to him the situation.... Mr. Beeler responded, stating, 'No worries, I'm surprised more people didn't use that image.'"

***Separately, a do-it-yourself infringement analysis

Doesn't That Song Sound Familiar? The Black Crowes Vs. Gretchen Wilson!

Full post as published by IPBiz on July 31, 2008 (boomark / email).