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Before you sue for defamation…many clients who are the victims of defamation of character on the internet ask whether or not they should sue for defamation?
As with most other areas of law, the first task of an experienced internet defamation lawyer is to perform an assessment of the particular facts and circumstances for each individual client. No two on-line defamation issues are the same.
It all starts with a tweet. A moment in time where someone speaks her mind in 140 characters or less. By all appearances, it sounds harmless with so many tweets each day. However, a tweet may lead to a lawsuit for internet defamation. Internet defamation attorneys are very aware of this, but the ever-growing number of people on Twitter are finding out, sometimes the hard way, that statements made on social media platforms like Twitter are equally subject to claims for libel. A recent story on online defamation law highlights but one example where a National Basketball Association (NBA) referee is suing an Associated Press (AP) writer over a tweet made during a basketball game. The story notes:
Internet Defamation Attorney Enrico Schaefer of Traverse Legal, PLC discusses what you should do if someone says something derogatory about you or your business online.
What is the statute of limitations for defamation?
I am an internet defamation attorney. Every day. I get calls and emails from average people and companies who are defamed on-line with false statements on a web site, blog post or comment somewhere on the internet. Often, it is a disgruntled employee, competitor or adversary who decides to engage in defamation on the internet in order to achieve pay-back or retribution for some perceived grievance.
One of the first questions an attorney will ask is "when was the defamatory statement posted on the internet?" While there are sometimes exceptions, the general rule in most states is that you have one year to bring a lawsuit for defamation from the date of publication. The statute of limitations for internet defamation, libel, or slander cases in most states is one year. While the discovery rule and "re-publication" of the post or comment can extend the statute of limitations is some circumstances, you need to contact a defamation lawyer to understand how long you have to file a claim for libel in court before your time runs out. Continue reading to see the statute of limitations period for each state, including California, Texas, New York, Florida, Michigan and other states.
Internet Defamation affects more people than just about any other on-line issue, beyond privacy concerns. As an internet defamation attorney, I get calls and emails every day from people who have been defamed on-line, either on a bulletin board post, blog post, user generated blog comment, FaceBook post, Twitter post or other review web site comment. Their reputation has been attacked and the web page with the defamatory content is being returned as a high search engine result. Their business associates, competitors, neighbors, church congregation, employees and friends need only Google "their name" or their "company name" to be exposed to hurtful, false and defamatory statements. An online defamation attorney knows all too well how difficult it is for clients when the internet spews libelous content for everyone to see. Here are some things you need to know and understand before you decide to sue for defamation, slander, or libel:
Online privacy is being harder to come by as we all continue to suffer under the "Facebook Effect." Essentially, Facebook has lowered the bar so much for internet privacy, we can only expect that other companies will follow. Will the Untied States Federal Government step in? Will individual States pass laws to mandate online privacy and privacy policy regulations?
Copyright is a protection of intellectual property afforded by the U.S. Constitution and formalized in U.S> Copyright law for original works of authorship fixed in a tangible medium of expression, covering published and unpublished works. Copyright can protect literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architectural works, but not facts, methods of operation, ideas or systems.
A copyright protected work is protected when it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device. You must register your copyright with the U.S. Copyright Office in order for a patent and copyright attorney to file a copyright infringement lawsuit in a United States Federal Court.
Illinois Federal Judge, Milton Shadur dismissed a copyright infringement lawsuit earlier this week after an anonymous defendant filed an amateur “Motion to Quash”, stating that the defendants arguments made more sense than those of the copyright attorney bringing the lawsuit.
The copyright infringement lawsuit involved CP Productions, a leading producer of adult entertainment content on the internet, and 300 alleged copyright infringing defendants. CP filed suit against the 300 alleged infringers for downloading copyright protected material, referred to as “Cowgirl Creampie.” CP Productions hired a Chicago-based copyright lawyer John Steele to head up the litigation.
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