Trying To Apply Rules Designed For Publications To... Coffee Cans?

from the tricky-laws dept

One of the common problems that we run into all the time is seeing courts trying to apply laws that were meant for a specific scenario to a totally different scenario. Take, for example, the question of the use of a photo on a coffee can. Let's say the photo is "infringing" on some right that was originally created to deal with publications such as newspapers or magazines. How do you figure out when the coffee can was "published"? Or is it even "published" at all? And is it republished every time a new can is sold? That's an issue faced by the California court system, as it struggles to figure out what counts as publication with a coffee can. It seems the courts agree that the coffee can is covered by a "single-publication" rule, meaning that if the image on the can is infringing or defamatory, it only counts as a single publication. But, where it's still struggling is on the date of publication issue. That's because, in this particular case, there's a statute of limitations of two years from the date of publication. But is that just when the first coffee can was sold? Or is the date of publication a running tally, so long as the cans keep being sold? And then, suddenly, you wonder: wait, why are we so concerned about infringement on a coffee can?

Filed Under: coffee can, defamation, infringement, publishing