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i. Copyright Licensing Issues


Copyright licensing is an important component of effectively managing intellectual property. What are best practice steps to grant exclusive licensing rights, or ensure you have been granted rights to utilize a copyrighted work – much less define the usage terms around such rights? If royalty fees or other complex limitations are involved, should you hire a copyright lawyer or law firm to outline terms in writing? Our Internet attorneys discuss copyright issues related to online copyright licensing and litigation at the Traverse Legal blog.
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 >>
July 24, 2013

Software Copyright Infringement

The unauthorized copying and use of someone else's software amounts to copyright infringement. Companies are ramping up their enforcement efforts as it relates to entities that use their software without the necessary software licenses. Microsoft is one example of that; recently took action against copyright infringers, consistent with their publicized policy of copyright infringement enforcement. In particular, it was reported that Microsoft settled more than 3 thousand copyright infringement matters throughout the world last year alone. While some were in the United States, many of them were overseas. Microsoft views software piracy, counterfeiting, and copyright infringement as a major problem that has long reaching affects upon on not only Microsoft's revenue but also economic growth, innovation, and consumer protection. Microsoft is not the only one that enforces its software rights via copyright infringement lawsuits and settlements.

If you are interested in learning more about software copyright enforcement efforts you should contact a copyright attorney today. Similarily, if you have been alleged to infringe the software copyright license of another , you should immediately speak with a copyright attorney who can identify the loegal and financial liability and advise you of means to defend or settle your matter.

July 19, 2013

Publishing Agreement Copyright Concerns

When an author decides to publish a book or some other kind of publication, a publisher will often require what is regularly known as a publishing agreement. A publishing agreement is a contract between the publisher and the author. It contains important terms relating to ownership of the copyright, payment, and other terms and conditions. Understanding your rights as either a writer or publisher is critically important before entering into a publishing agreement.

One of the most important aspects of the publishing agreement is an understanding as to the ownership of the copyright. Keep in mind there is what is known as a "bundle of rights" associated with the copyright. Therefore, one may be able to grant, or otherwise assign, certain rights while maintaining others. Typically, a publishing agreement will have the author grant the right to publish and/or reproduce the publication. However, it is critically important to determine whether or not the right to prepare derivative works, or otherwise adapt or modify, and other copyright rights, are to be transferred from the author to the publisher. It is also important to understand whether or not certain exclusive rights will be assigned under the agreement.

Payment terms are also disclosed in a publishing agreement. Typically, royalties are paid by the publisher to the author, with an opportunity for an advancement on royalties in certain cases. Regardless, understanding what the payment structure is becomes important, especially where rights beyond mere publication. For example, such as its adaptation into a movie or otherwise, occurs.

Finally, understanding what rights the publisher has to alter the author's work, sometimes known as moral rights, is also important. The publishing agreement should set forth who is to make revisions, how they are to be improved, and when proofs are to ultimately be finalized into a completed manuscript/book/or other publication.

Both parties should consider whether or not the provision dealing with a reversion of rights is necessary. For example, in the event that the publisher does not fulfill its obligations and publish the books within a certain amount of time, rights may revert to the author so that he/she may pursue alternative publication. The same may be said if the author fails to provide the required manuscript by a certain date. Time is of the essence, provisions are also considered for these same reasons.

Ultimately, since the publishing agreement is the contract that governs the relationship between an author and publisher, both would be well served to speak with a copyright attorney with experience in publishing agreements and other publication issues that could arise in that context.

July 26, 2012

Copyrights and Yoga

The U. S. Copyright Office has issued a statement of policy on June 22nd, 2012, in the federal register that indicated that previous copyright registration certificates for yoga sequences, as compilation authorship as a result of the selections and arrangement of exercises were all in error. And so the statement of the policy issued by the U. S. Copyright Office clarifies the state of the law concerning the copyrightability of a yoga sequence.

Announcer: 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.

Matt: Hello, and thanks for tuning into Copyright Law Radio. I'm Matt Plessner and today we want to briefly update you on current developments of copyright law. And to do this, we have attorney at law, Mark Clark, from the Traverse Legal Office in Traverse City, Michigan. Mark, hello.

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January 27, 2012

Copyright License Termination: The Clock is Ticking

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.

This is Brian Hall, an attorney with Traverse Legal, PLC; a law firm that handles copyright litigation and copyright matters throughout the United States.  Today, I will be addressing an issue that it coming up for the first time in the history of copyright law.

Continue reading Copyright License Termination: The Clock is Ticking >>
January 13, 2012

Website Copyright Ownership

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.

This is Brian Hall a copyright attorney with Traverse Legal, PLC, a law firm that represents those involved in copyright disputes throughout the United States.

Today, I want to specifically talk about copyright ownership in websites.  And I want to specifically focus upon the context where a particular entity either employs or retains an independent contractor to perform work on a website, be it web design, website SEO optimization or the like.  The issue comes up very often as to who owns the content, the designs, or even functionality created for a website.  Is it the company that employed or retained as an independent contractor a particular individual or is it the person that actually did the work?

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November 09, 2009

Copyright Licensing for Independent Video Game Developers

Copyright licensing issues have become an important consideration for independent video game developers. Several technological breakthroughs have opened the barriers to entry for independent video game developers.  Digital distribution platforms such as Xbox Live Arcade, Wii Shop Channel, Playstation Store, the iPhone's iTunes App Store, and the Steam content platform have made it easy for developers to reduce costs and sell their games to wide audiences.  Even so, developers must protect their rights through copyright licensing to ensure that they are adequately compensated for their work.  A copyright licensing attorney can advise you on how you can best value your intellectual property and negotiate for fair payment for your work.  If you are an independent video game developer who needs copyright licensing, contact one of our expert copyright licensing attorneys today at 866.936.7447

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. 

Continue reading Copyright Licensing Lawyer Discusses the Protection of Your Intellectual Property >>
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