February 6, 2015
In a segment in Fox Business’s “The Willis Report,” partner Mark A. Konkel and trial attorney Wendy Patrick debate over Katy Perry’s attempt to copyright the ‘Left Shark’ from her Super Bowl halftime performance. Mr. Konkel argues that the shark cannot be copyrighted as it’s the idea of the shark’s clumsy dancing that makes it special, and ideas cannot be copyrighted.
“There were fake palm trees in the Super Bowl half time show, there was a fake shark in the Super Bowl half time show. There’s a reason why Katy Perry’s lawyers are not going after the makers of all fake palm trees in the United States. So what’s different about this particular shark? Why is it ‘left shark’ in terms of the internet sensation? The reason is the idea of…a stumbling, bumbling dancing shark in the Super Bowl isn’t copyright-able so we don’t really care about the felt shark suit. What we care about is the idea and you can’t copyright an idea.”
To view the video, please click here.