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August 24, 2012

Film Title Search and Report

A film title search and the subsequent film title report is a search of several types of databases to determine whether or not your film title is clear for use. And, oftentimes, insurance companies will want such a search and report prior to issuing errors and omissions insurance with regard to your particular film project.

So, what is a film title search and report? Well, a film title search is a search of several different databases and other resources to determine whether or not there are any outstanding terms, names, or trademarks that may conflict with your potential film title. The first of these searches is a search of the U.S. Patent and Trademark Office database, as well as Common Law trademarks that may exist.

The purpose of this search is to ensure that there are no outstanding trademarks that may conflict with or cause a potential risk to your film title. The test for that is whether or not that trademark or trade name is identical or confusingly similar to your film's title.

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August 20, 2012

What is and is not Copyrightable?

Copyright protection is a protection extended to creative works of authorship, and the authority for this is listed in Section 8 of Article 1 of the U.S. Constitution. The purpose of copyright protection is that it is intended to reward creative efforts and to provide an incentive for future creation.

 

 

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August 17, 2012

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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July 27, 2012

Have you been sued for copyright infringement by Nicoletti and Associates?

Nicoletti and Associates, a Michigan law firm located in Bloomfield Hills, has filed suit for copyright infringement on behalf of Patrick Collins and Malibu Media against numerous Michigan residents. If you are looking for defensive representation in one of these copyright infringement lawsuits, contact the attorneys at Traverse Legal, who have represented defendants like you in copyright infringement downloading lawsuits across the country. The attorneys of Traverse Legal know and understand the law and technology surrounding copyright infringement, pure bills of discovery, and movie downloading, and we stand ready to defend you in copyright litigation. Contact us today at (231) 932.0411.

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.

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June 12, 2012

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!  ;)"

 

 

June 08, 2012

Preparing for Copyright Infringement Litigation

copyright litigation can be incredibly bloody. So it's very important that a copyright holder take certain steps to ensure that if, in fact, they ever do get into litigation their rights are adequately protected prior to the filing of a copyright infringement complaint. The first thing that a copyright infringement plaintiff should think about prior to litigation, is that they have registered for copyright protection. A copyright registration gives not only the ability to file a copyright infringement lawsuit in federal court, but it also gives certain damages benefits.

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June 07, 2012

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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What is Defamation Per Se?

The first is libel. Libel means that the defamatory statement was made in printed form. The second kind is what's known as slander. Slander means that the defamatory statement was spoken. Regardless of whether it's libel or slander, it could be what's known as defamation per se.

While defamation depends upon what particular state law says about what qualifies as defamation per se, typically they involve a few different categories. The first that would qualify for defamation per se is when someone makes a false statement accusing another of a serious crime. The next category is when they make a false statement intending to injure a person in his or her profession.

The third category is when they make a false statement suggesting that a person has a loathsome disease. Now, loathsome is a term of art in the area of law that goes back many, many years, but in today's day and age it means something that we would equate to AIDS, for example, HIV or some other kind of disease that people would not want to encounter.

 

 

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May 08, 2012

How to Protect My Idea as a Copyright

This is Brian Hall, an attorney with Traverse Legal, PLC, an intellectual property law firm that helps clients throughout the world identify, protect, and enforce their intellectual property rights. Today, I will be answering the question: how to protect my idea. Now, this question is a very broad question, but there are several things that can be done in order to protect your idea. The context I want to look at this in deals with when you have an idea and you're telling it to other people in order to either get funding, or possibly make a prototype for a product, or for some other reason.

Before I answer that question, let's keep in mind that an idea can be protected via a patent. It can't necessarily be protected via copyright until that idea is captured in some tangible form or medium. While that all sounds like legal jargon, the reality is that an idea has limited ways to be protected under intellectual property law. An intellectual property lawyer can help define the best way to protect that idea.

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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