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Copyright Infringement, Internet Defamation and On-Line Privacy Attorneys

MarkClark_small"Traverse Legal's attorneys know first hand how on-line defamation, internet privacy and copyright infringement issues have become more complex in cyberspace.  There are very few firms that can match our ability to identify and monitor on-line content. We understand the Internet and the technology which drives it.  Because we are a boutique litigation law firm, we know how to strategically and efficiently accomplish our client's goals. "

If you have a on-line defamation, privacy or copyright infringement issue you may contact one of our attorneys today for a consultation at l 866.936.7447 (International Toll Free).

July 30, 2014

Online Defamation through Consumer Reporting Websites

There are several websites on the internet that allow individuals to report information regarding poor services, misconduct of actions by others or for providing unsatisfactory goods.  One such website, RipoffReport.com, has currently been in the news because a family member of convicted murderer Tracey Richter was using RipoffReport.com to defame the reputations of witnesses by providing statements to Ripoff Report that these people were guilty of perjury, fraud, child molestation, murder and terrorism, which was then posted on Ripoff Report’s website.  RipoffReport.com is claiming that they are not responsible for any inaccurate statements that users post on their website.  What Are They Saying

It is being reported that many of these statements are false and are tarnishing the reputations of these individuals and/or their businesses.  If a lawsuit is filed, someone could be held responsible of internet defamation for the posting of false and damaging statements about these individuals.  However, if RipoffReport.com did not screen the posts, invite additional offensive postings, elaborate with their own comments, and/or call upon others to respond in kind, then they could be viewed as not being responsible for any internet defamation on their part pursuant to Section 230 of the Communications Decency Act (CDA), thereby leaving those individuals that posted these online statements as the responsible party for online defamation.

If you find yourself the victim of online defamation that is causing irrefutable harm to your reputation, business and/or brands, the highly experienced internet defamation attorneys can help you protect your reputation on the internet. 

July 14, 2014

What Damages are Available for Online Defamation?

Welcome to Defamation Law Radio. Internet defamation of character is as easy to perpetuate as a blog post, Facebook update, rating submission, or a forum comment.  Your online reputation is measured by the websites return as Google search results.  Do you know what people are saying and writing about you?

What Damages are available for online defamtion_

Matt: Hi, it’s Matt Plessner and welcome back to Defamation Law Radio.  We’ve talked about defamation on the internet many times before.  What can you do if you are defamed? And what kind of compensations are you entitled to?  We are going to talk about some of these things as we interview Mark Clark of the Traverse Legal office of Traverse City, Michigan.  Mark, thanks again for being back!

Mark:  Thanks Matt!  It is always a pleasure to be here.

Matt: Well thank you very much! Now, just start off plain and simple.  What, I guess damages are available for any kind of online defamation, Mark?

Continue reading What Damages are Available for Online Defamation? >>
June 25, 2014

How Not to Get Caught for Copyright Infringement – YouTube Video

 

Videos are being taken down all the time for copyright infringement.  Copyright infringement basically means that you’re not allowed to use anything in your videos that you didn’t actually create yourself; not without the permission of the copyright owners.  Now that kind of sucks for a lot of people who just want to make videos for fun and put in some background music because that is how to make videos cool, and then they find that the copyright owner doesn’t like those videos and doesn’t want them using their material and so they file a DMCA Complaint against it and pop! Gone! 

Continue reading How Not to Get Caught for Copyright Infringement – YouTube Video >>
June 10, 2014

The Monster Copyright Infringement

CopyrightMonster Beverage Corporation recently had a verdict handed down against them in trial for the amount of $1.7 million, which was award to the Beastie Boys for copyright infringement of the band’s music.  Monster’s said in its defense that, even though they had infringed on the band’s copyrights, it had not done so intentionally because an employee of the company had mistakenly believed that it had permission to use the Beastie Boys’ music for their YouTube video.  

Uploading videos on websites like YouTube are a very common practice by both individuals and companies to get additional exposure and attention beyond TV, magazine, radio and websites.  However, if you downloading and using someone else’s videos, pictures, music  and/or other forms of artwork which you don’t have expressed consent to use, you could very well be infringing on their protected copyrighted materials.  Be aware that this could lead you into a lawsuit similar that Monster Beverage Corporation found itself in with the Beastie Boys.   So, unless you are only posting your own photos, music or other forms of work, the unintentional use of a copyrighted material could possibly get you into copyright infringement trouble.  If you want to use some form of media or art, it is extremely important to make sure that it is not copyright protected, that you get the proper written authorization to use it, and/or contact a copyright attorney to assist you with obtaining permission and the proper use of other’s pictures, music and/or videos. 

May 02, 2014

Recent Trends in Doctor, Dentist and Physician Defamation

For whatever reason, doctors and dentists are targets of online defamation by patients and, sometimes, competing doctors and physicians.  As an internet law-defamation attorney, I handle a large number of Doctor Patient doctor and dentist defamation cases.  I have always believed that the reason doctors, dentists and physicians are the target of online liable and slander is because of the special relationship they have with their patients.  A patient who has had a bad medical outcome sometimes feels that someone has to be responsible.  They don’t accept that not every outcome is going to be a good medical result.  The desire to blame someone often falls on the doctor, dentist or physician. 

Some trends that we are starting to see in doctor defamation cases are as follows:

Continue reading Recent Trends in Doctor, Dentist and Physician Defamation >>

Arguments on Jones v Dirty World

The United States 6th Circuit Court of Appeals in Cincinnati took up oral arguments on the fast becoming famous case of Jones v Dirty World Entertainment Recordings and its found and owner, Nik Richie.  The trial court in the case by way of jury trial awarded the Plaintiff damages in her defamation claim that The Dirty website had posted false and defamatory information about her concerning her sexual activities as a Cincinnati Bengals Cheerleader.  The Dirty relied on Section 230 of the Communications Decency Act (CDA) which allows a web host who simply allows third-party commentary on its website immunity from defamation claims.  The trial court found that in the case of Nik Richie and The Dirty that it did more than simply provide third parties with a place to post their comments.  RichieThe Court stated:

“In the view of this Court, the Act’s text indicates that it was intended only to provide protection for site owners who allow posting by third parties without screening them and those who remove offensive content.  If, however, the owners, as in the instant case, invite invidious postings, elaborate on them with comments of their own, and call upon others to respond in kind, the immunity does not apply.”

Amicus briefs were filed by many, including Google and Facebook siding with The Dirty and claiming that the Court’s interpretation of Section 230 immunity under the CDA would subject them to needless claims for internet defamation.  It will be interesting to find out whether the 6th Circuit Court of Appeals upholds the trial court and use of the case to emphasize what the trial court emphasized and that is that Section 230 Immunity only shields a web host from defamation claims if they do not become involved in soliciting or creating the content. 

Online Defamation has many available resources which can be reviewed for more information: 

  • Defamation happens when a statement that is made is false and was made to someone other than the person defamed.  Online defamation is happening on social websites and other online media as the internet becomes more and more popular.
  • Examples of online defamation can help you to better understand if you have been defamed online.
  • Online or internet defamation can also be known as cyber defamation.

 

Traverse Legal will post an update once the Court makes a decision. 

April 29, 2014

Who Owns a Copyright in a Tattoo?

TattooA recent L.A. Times article posed the question, “Whose tattoo is it anyway?” The article goes on to outline ownership issues as it relates to the copyright in a tattoo.  On the one hand, the person who has the tattoo on their body should be able to have ownership of it in light of paying for it.  However, the artist who actually put the tattoo on the person may also have rights under copyright law.  Lawsuits have been filed in the past over this exact issue, and, in order to avoid dispute as to copyright ownership in a tattoo, there are certain things that any transaction involving a tattoo should include.  There should be a written agreement that makes clear who owns the copyright.  There could be assignment language or other language, potentially even work-for-hire language that makes clear that the tattoo is owned by the person under whose body it is placed. Otherwise, there is always a risk that the copyright may be claimed by the tattoo artist.    

Continue reading Who Owns a Copyright in a Tattoo? >>
October 17, 2013

ISP Loses DMCA Immunity Based Upon the Rampant Copyright Infringement

    The United States district court for the southern district of Florida has issued a decision involving internet service provider’s immunity under the DMCA, or digital millennium copyright act. The law suit is based upon five major motion picture studios suing the website known as "hot file". Hot file provides on-line file storage, in the plaints’ claim that hot file restoring and sharing works that infringe the copyright of the plaints’. Plaints’ theory is that hot file should be liable for copyright infringement because it contributes to, encourages, or benefits from the copyright infringement by making available storage for and links to the allegedly infringing works for its users.

Continue reading ISP Loses DMCA Immunity Based Upon the Rampant Copyright Infringement >>
September 24, 2013

Intellectual Property Theft: Prevention and Recovery

Matt: Hi, and welcome back to Copyright Law Radio! I'm Matt Plessner. The laws of copyrighting and theft on the internet can be very undefined sometimes. The internet is a medium that's still very young, and thus can be subject to, I guess, kaleidoscope of different legal issues. We've referred to the internet as the "wild, wild west" in many of the interviews past, and that is very true. One such issue is intellectual property theft. Today, we're going to be discussing what this means, as well as some preventive and recovery methods. And of course, at Traverse Legal, we work with COPYSHIELD.COM which is a site that helps with matters such as these. And to help us with these we are welcoming Copyshields's very own Justin Mikula. Justin, we appreciate you taking some time to talk with us today.

Justin: Thanks for having me.

Matt: Now Justin....Well, for those people who haven't heard, I guess, our other interviews, can you just give us a little brief overview of Copyshield and what you do exactly?

Continue reading Intellectual Property Theft: Prevention and Recovery >>
September 20, 2013

Copyright Infringement Liability for Online Retailers

Weather you run a store on eBay or Amazon, operate your own ecommerce website, or otherwise sell goods online, you may face liability for the sale of goods that infringe the copyright of another. Well the digital millennium copyright act common namely section five twelve, provides protections to those internet service providers who are notified of infringement materials in comply with the statue, retailers may still face copyright infringement liability. If in fact they are selling their own products that are alleged to infringe another’s copyright, they may face directive copyright infringement liability. Moreover, if you are merely reselling third party products that are alleged to infringe the copyright of another, you may still face direct or secondary copyright liability.

Continue reading Copyright Infringement Liability for Online Retailers >>
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Events & Conferences:
  • International Trademark Association 2011, San Francisco, California
  • Cyber Law Summit 2011, Las Vegas, Nevada
  • Game Developers Conference 2011, San Francisco, California
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Recent Attorney Speaking Engagements:
  • South By Southwest 2010 SXSW Interactive Conference, Austin, Texas
  • West LegalEdcenter Midwestern Law Firm Management, Chicago, Illinois
  • Internet Advertising under Part 255, Altitude Design Summit, Salt Lake City, Utah
  • Online Defamation and Reputation Management, News Talk 650 AM, The Cory Kolt Show, Canada Public Radio Saskatewan Canada
  • Alternative Fee Structures, Center for Competitive Management, Jersey City, New Jersey
  • FTC Part 255 Advertising Requirements, Mom 2.0 Conference, Houston, Texas
  • Webmaster Radio, Cybersquatting & Domain Monetization, Fort Lauderdale, Florida
Notable Complex Litigation Cases Handled By Our Lawyers:
  • Trademark Infringement, Milwaukee, Wisconsin
  • Cybersquatting Law, Trademark Law and Dilution Detroit, Michigan
  • Internet Defamation & Online Libel Indianapolis, Indiana
  • Trade Secret Theft, Chicago, Illinois
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Miami, Florida
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Eastern Dist. of Virginia, Alexandria
  • Stolen Domain Name, Orlando, Florida
  • Commercial Litigation, Tampa, Florida
  • Copyright Infringement and Cybersquatting Law, Grand Rapids, Michigan
  • Mass Tort Litigation, Los Angeles, California
  • Stolen Domain Name, Detroit, Michigan
  • Adwords Keyword Trademark Infringement, Los Angeles, California
  • Trademark Infringement & Unfair Competition, Boston, Massachusetts
  • Non-Compete Agreement and Trade Secret Theft, Detroit, Michigan
  • Mass Tort, Philadelphia, Pennsylvania
  • Mass Tort, Tyler, Texas
  • Insurance Indemnity, New York
  • Copyright Infringement, Detroit, Michigan