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Society & Culture
Virtual Legality Episode 360

Spider-Man vs The Chrysler Building: Nope, it's not Copyrighted

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8m Nov 24, 2020
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When eagle-eyed reddit users determined that New York's famous Chrysler Building was no longer depicted in Spider-Man Miles Morales (despite appearing in Insomniac's original 2018 Spider-Man game), the Internet and game journalists immediately went about discussing the breadth, power, and frustration of modern copyright.

Only one problem: the Copyright Act doesn't apply.

Let's dive in.

We've got two types of intellectual property for two types of Spider-Man...in Virtual Legality.

#Spider-Man #MilesMorales #ChryslerBuilding


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Discussed in this episode:

"Just noticed that the iconic Chrysler building has been removed in Spider-man Miles Morales. its actually ridiculous that a 90 year old building can no longer be replicated due to copyright infringment."
Reddit Thread - November 20, 2020
https://www.reddit.com/r/PS5/comments/jyaeyu/spiderman_miles_morales_screenshot_just_noticed/

"Spider-Man: Miles Morales Is Missing This Major New York City Landmark"
Game Informer - November 20, 2020 - Blake Hester
https://www.gameinformer.com/2020/11/20/spider-man-miles-morales-is-missing-this-major-new-york-city-landmark

"Subject Matter and Scope of Copyright"
US Copyright Office Publication
https://www.copyright.gov/title17/92chap1.html

"PUBLIC LAW 101-650—DEC. 1, 1990"
"Architectural Works" - 104 STAT. 5133
https://www.govinfo.gov/content/pkg/STATUTE-104/pdf/STATUTE-104-Pg5089.pdf

"Copyright Registration of Architectural Works"
US Copyright Office Publication - Circular 41
https://www.copyright.gov/circs/circ41.pdf

"Chrysler Building"
Wikipedia Entry
https://en.wikipedia.org/wiki/Chrysler_Building

"Chrysler Building - Spire and Facade Restoration"
Archinect Firms Website
https://archinect.com/hoffarch/project/chrysler-building-spire-and-facade-restoration

"Scope of exclusive rights in architectural works"
17 USC 120
https://www.law.cornell.edu/uscode/text/17/120

Trademark, Patent, or Copyright?
USPTO Website
https://www.uspto.gov/trademarks-getting-started/trademark-basics/trademark-patent-or-copyright

"Remedies; infringement; innocent infringement by printers and publishers"
15 USC 1114
https://www.law.cornell.edu/uscode/text/15/1114

Chrysler Building Design Trademark
1126888
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802:9r2dgi.2.2

"The protection of architectural design of buildings - a growing trend"
Krishna & Saurastri Associates LLP
https://www.lexology.com/library/detail.aspx?g=e56cbff7-a884-4935-af05-5084f90bd5ad

"False designations of origin, false descriptions, and dilution forbidden"
15 USC 1125
https://www.law.cornell.edu/uscode/text/15/1125#c_2_B


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.


Blog: hoeglaw.wordpress.com
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DESIGN WORK
Joe Ellis (Logo Design)
Chris Leroux (Motion Graphics)
For more information: contact Chris at @Chrisleroux on Twitter.

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The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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