Subpoena to Reveal Identity Associated with an IP Address

This is Attorney Brian Hall with Traverse Legal, PLC; I am a copyright attorney that regularly handles copyright infringement actions and defense of the same throughout the United States. 

Today, I will be dealing with what has become a regular situation for many of my clients both prospective and existing.  And what we’re talking about today is when a subpoena has been issued to reveal the identity of an individual associated with an IP address.

 

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With: Brian A. Hall

Sponsored by: Traverse Copyright Law

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Copyright Infringement: How much is too much?

Today I'll be answering the question, Copyright infringement. How much is too much? What I mean by that is, how much can someone copy from someone else without being liable for copyright infringement? It's a question I get almost every single day, from both perspective clients and existing clients. They want to know, if there's a particular work out there, how much they can copy before they're subject to copyright infringement liability. My answer is always the same. “It depends.” That's not a very comforting answer to clients, but it is the reality.

Copyright Infringement from Online Image Use

There are many companies out there that offer stock photographs and other images available for download. Some of those are available for download for free, others are rights managed, while others require royalty-free, but one-time payment. One of those companies is known as Corbis. Another one is known as Getty Images. Regardless of the company, there are many types of these companies that simply acquire rights of ownership to the particular images from the author of those images, monitor how those images are being downloaded and used and then send letters of copyright infringement to the people that downloaded and used them.

Google Algorithm Update Penalizes Websites Accused of Multiple Copyright Infringement

Google has announced that it will begin penalizing websites that receive a number of valid copyright DMCA notices. For those who are unaware, the DMCA is the Digital Millennium Copyright Act, which says that a website provider that registers an interim designation of agent with the U.S. Copyright Office can, upon the receipt of a valid copyright infringement notice, remove the identified copyright infringing material, and, if it does remove that material expeditiously, will avoid a lawsuit for a direct copyright infringement, vicarious copyright infringement or contributory copyright infringement.

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With: John Di Giacomo

Sponsored by: Traverse Copyright Law

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Is it Copyright Infringement to Post on Facebook or Pin on Pinterest?

In many instances, copyright law is still designed for the non-digital age.  The ease by which information is shared on the internet has created a number of issues surrounding both practical and legal aspects of copyright protection.  Can you Pin someone else’s copyright protected work on Pinterest?  Can you share someone else’s copyright protected photograph on Facebook?  The answer, of course, is it depends.  The thing that you need to know is that you could be sued for copyright infringement if you don’t play by the rules.  Here’s an interesting article on the ins and outs of posting and pinning on Pinterest. 

"Oh, and you have no right to reproduce this article or any portion thereof.  But feel free to share the link!  "

 

 

What the Business Software Alliance audit letter does, is it identifies that it represents various entities, such as Microsoft, Adobe, Acrobat and various others and the software that those manufactures create and produce. The letter goes on to state that the recipient has been identified as somebody that could be using those various pieces of software without proper licensing, As a result, they say that that person receiving the letter may be in violation of the copyright act in the United States. More specifically, that they are infringing a copyright. As a result, they point to the fact that malicious and willful copyright infringement may entitle them to statutory damages of $150,000.

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With: Brian A. Hall

Sponsored by: Traverse Copyright Law

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DMCA Does Not Provide Safe Harbor from Copyright Infringement in All Cases

The United States Court of Appeals for the 2^nd circuit recently overturned a district court decision in Viacom International Inc. et al v. YouTube Inc et al, No. 10-3270, and a companion case of The Football Association Premier League Ltd et al v. YouTube Inc, No. 10-3342.  While the Digital Millennium Copyright Act (DMCA) typically provides a safe harbor from copyright infringement liability for websites which post third party content such as YouTube, the 2^nd circuit found that there was a potential jury issue as to whether or not YouTube fell outside the safe harbor provisions of the Digital Millennium Copyright Act.  Instances where a website host or owner loses its DMCA immunity include:

1. When the website operator has actual knowledge of specific copyright infringement;
2. Where the website operator has “red flag” awareness of specific instances of copyright infringement;
3. When the website operator demonstrates “willful blindness” in allowing copyrighted videos or other content to remain on its website.

You can read more about the lawsuit here and the court’s full ruling is embedded below. 

Ask a Copyright Infringement Lawyer: How Do I Protect My Copyright?

Welcome to Copyright Law Radio. We bring you the best in copyright news, legal advice and information.  From copyright infringement claims and defenses to threat letter issues, DMCA takedown notice letters, copyright licensing, and legal analysis of the latest copyright law cases, we have a copyright attorney who can answer your copyright questions.

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With: Enrico Schaefer

Sponsored by: Traverse Copyright Law

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Welcome to Copyright Law Radio.  My name is Copyright Attorney Enrico Schaefer.  I am a copyright lawyer with the law firm of Traverse Legal.  Every once in a while we’ll go ahead and answer some questions that we get online off of the internet about copyright issues, and today the question is:  How do I protect my copyright from infringement?  A good copyright infringement lawyer knows that it’s one thing to own a copyright (it is one thing to be the author of an original work), it’s a whole different thing to protect that copyright from infringement, especially with the advent of the internet, because everything now is cut and paste.  Everything is grabbing content from one place and putting in another.  It is so easy to take someone’s photograph or written words or artwork and put them onto my website.

Internet Copyright Infringement: Attorney Tips.

Copyright infringement on the internet is a big problem for authors, artists, musicians, bloggers, media and other copyright owners. In today's episode of Copyright Law Radio, we are going to be speaking with copyright attorney Brian Hall as we examine the problem of growing problem of internet copyright infringement.  When your copyright protected works are published on a web site without license or permission, you need to understand your legal options.

• What is a copyright under US copyright law?
• How do you protect a copyright from infringement, especially infringement on the internet?
• Do you have to register your copyright with the US Copyright office to protect it?
• What kind of services does a copyright attorney provide in order to protect copyright owners?

Kansas City Artist Sues CVS for Copyright Infringement

Kansas City artist Susan Lordi Marker has sued CVS Pharmacy, Inc. for copyright infringement alleging that CVS has copied Marker's Willow Tree figurines, which are small human-like sculptures. Marker alleges that CVS has created imitation copies of the Willow Tree figurines that are substantially similar to her copyrighted works. 

Under the Copyright Act, a party that holds a registered copyright may recover up to $150,000 in statutory damages per copyrighted work infringed. Therefore, it is wise for copyright holders to register their copyrighted works, as a copyright registration is a necessary prerequisite to filing a copyright infringement lawsuit.