A Hallowe’en Theme for a Copyright Post

In honour of Hallowe’en, I wanted to highlight some copyright- and entertainment law-related posts from Jonathan Bailey at PlagiarismToday (which, if you aren’t already a fan, should be added to everyone’s must-read list for copyright-related information and commentary):

• How Universal Re-Copyrighted Frankenstein’s Monster
• How a Copyright Mistake Created the Modern Zombie
• Dracula vs Nosferatu: A True Copyright Horror Story

I would be remiss if I didn’t mention Jonathan’s classic 2010 post 5 Copyright Issues for Hallowe’en, which covers such issues as obtaining public performance licenses for the soundtrack you use to add extra “spook” to your haunted house and trade-mark protection for the catchy name you came up with to attract attendees.

Continuing with the theme, from the Copylaw blog:

• Do Albert Einstein Costume Kits Violate His Right of Publicity?

And, finally, some Hallowe’en-themed Canadian caselaw:

• 868756 Alberta Ltd. (Urban Metropolis Entertainment Group) v. 1252654 Alberta Ltd., 2011 ABQB 617 (CanLII)(in which the court declines to issue an injunction over the use of the phrase “Halloween Thriller” to promote a Hallowe’en event at a nightclub)
• Advance Magazine Publishers Inc. v. Farleyco Marketing Inc., 2009 FC 153 (CanLII) (a startlingly detailed consideration of the extent to which the mark “GHOULISH GLAMOUR” was confusing with “GLAMOUR”, and which includes the immortal line “Farleyco, I think, correctly points out that its Halloween eyelashes are different from Advance’s magazine wares and services”