Currently browsing October 2009 Archives.

October 30, 2009

Ann Arbor Copy Shop Loses Fair Use Defense in Copyright Infringement Lawsuit

Excel Test Preparation, a university course pack copy shop located in Ann Arbor, Michigan, has lost a copyright infringement lawsuit brought by five publishing companies, including Oxford University Press and SAGE Publications.  Unlike other local copy shows that copy and bind course packs provided by professors (and pay licensing fees to do so), Excel allowed students to make copies of a master course pack that was provided by a professor.  Excel argued that its actions were covered by the fair use defense under the Copyright Act. 

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October 26, 2009

Copyright Infringement Threat Letters: How to run a copyright infringement threat letter program.

 

Today’s program is brought to you by the attorneys at Traverse Legal, PLC, a global law firm specializing in Internet law, Trademark infringement, Copyright Infringement, Cybersquatting, On-Line Defamation, Non-Compete & Trade Secret Law and Complex litigation. If you have a legal matter arising on the web, contact one of Traverse Legal’s internet lawyers today.

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October 23, 2009

Copyright Licensing Lawyer Discusses the Protection of Your Intellectual Property

 

Today’s program is brought to you by the attorneys at Traverse Legal, PLC, a global law firm specializing in Internet law, Trademark infringement, Copyright Infringement, Cybersquatting, On-Line Defamation, Non-Compete & Trade Secret Law and Complex litigation. If you have a legal matter arising on the web, contact one of Traverse Legal’s internet lawyers today.

DAMIEN ALLEN: Good afternoon and welcome to Traverse Legal Radio. My name is Damien Allen in the studio, and we are speaking with Mr. Enrico Schaefer at Traverse Legal and we are talking about copyright licensing.

 

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October 16, 2009

You Must Have a Copyright Registered In Order to Sue For Copyright Infringement,

You can not sue for copyright infringement in federal court unless your copyright is registered.

It is often said that the poor man's copyright relies on common law because common law copyright rights begin as soon as an original work is fixed in a tangible medium of expression.  Clients often ask whether they should send a sealed and certified envelope to themselves via post containing the copyrighted work to ensure that they have evidence that they created a work prior to anyone else.  Priority of creation, however, does not have an effect on the validity of copyright protection in the United States.  These methods may have been beneficial prior to the Copyright Act of 1976 because publication was a prerequisite to copyright protection, but they no longer serve a purpose.  Instead, clients are best served by a copyright registration with the US Copyright Office.

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October 14, 2009

Music Copyright Infringement Lawsuit Update: No Sanctions Awarded

A magistrate judge has ruled that the RIAA is not entitled to monetary sanctions against attorney Ray Beckerman.  Beckerman is accused of filing motions that attack the RIAA and then publishing them on his Recording Industry vs. The People blog.  Ray Beckerman most recently represented Marie Lindor, who was a defendant in a RIAA copyright infringement lawsuit that alleged that Lindor made music files available over the Kazaa file sharing service.  The RIAA eventually dropped the case.

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October 08, 2009

Reduce Copyright Infringement Risks When Broadcasting Music In Your Business

Clients often ask us, “Can I broadcast music from my iPod, CDs, or Internet radio in my business?”  Typically, these clients operate bars, restaurants, or other service-based establishments.  Often to a client’s surprise, we must inform them that the Copyright Act of 1976’s § 110 does not allow an establishment to “publicly display” non-broadcast music.  The Copyright Act considers the public display of non-broadcast music to be copyright infringement, and business that want to fully mitigate their risks in this area must get a license to play music in their establishment.

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October 06, 2009

Software Copyright Infringement | Washington Court Rules on Software License

The Western District of Washington has affirmed that a Seattle resident, Timothy Vernor, did not infringe the copyright of Autodesk, Inc. when he re-sold AutoCAD software that he had obtained from an Autodesk customer.  This is an important software copyright infringement decision that affects the ability of software vendors to prevent the re-sale of their copyrighted software under the First Sale Doctrine.

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Defamation & Slander of Character Attorney | Can A Domain Name Support a Claim?

Domain Name Defamation of Character?  A recent 'celebrity cybersquatting' controversy over Glenn Beck filing a Complaint under the UDRP with the World Intellectual Property Organization (WIPO) seeking transfer of the domain www.GlennBeckRapedandMurderedAyoungGirlIn1990.com has stirred passion among many internet law attorneys.  The web site, designed as a parody of Glenn Beck's entertainment style of asking rhetorical questions as accusations without having to investigate the truth of the matter, does has First Amendment protection.  The question is whether the anonymous owner of the web site, has stretched his right to freedom of speech too far.  Are the web site and domain name online defamation or slander? Can a domain name itself be defamatory? The tension between freedom of speech and defamation is considered here with more articles on defamation below.

Before you decide to sue for defamation, libel, or slander, contact on of our qualified defamation attorneys.  Our internet defamation attorneys can help you pursue libel or slander on the internet which attacks your personal name, business name or your brands. 

Copyright Infringement & Internet Defamation Blog Homepage: Copyright Infringment Lawyer, Internet Defamation, and Internet Privacy

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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
  • DOMAINfest 2011, Santa Monica, California
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