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April 18, 2013

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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February 11, 2013

Revenge Porn Websites & Copyright Infringement

If you are the victim of a posting on a revenge porn website, you're going to need a good web attorney to help you have the photograph removed.  Revenge porn websites have become very much the rage over the last 12-months.  Revenge porn typically occurs when someone posts a nude or naked photograph of their boyfriend or girlfriend on one of these revenge porn websites, an act which is often motivated by ill will. 

How do you remove a naked or provocative picture of yourself from one of these revenge porn websites?  There are a variety of different strategies both under copyright infringement law, the Digital Millennium Copyright Act (DMCA) and right to publicity, which could provide you leverage in removing a photograph of yourself from one of these websites.  Under copyright law, the person who takes the video or photograph is typically the copyright owner.  If someone took one of your photographs to which  you have copyright protection, you can send a Digital Millennium Copyright Act takedown notice from your copyright attorney to the revenge porn website in order to have it removed.  You also have a right to control how your likeness is used on the internet, especially commercial uses.  The right to publicity is often a legal theory used by attorney who are trying to remove revenge porn postings.  The first step, however, is to have your lawyer do a full analysis of your situation so that you don't make a wrong move out of the gate.  Identifying the appropriate legal strategy is the primary job of an experienced internet law attorney or website lawyer in handling a revenge porn website removal matter. 

January 30, 2013

Revenge Porn Website Faces Copyright Infringement, Invasion of Privacy and Defamation Claims

Copyright infringement, invasion of privacy and potentially defamation claims could exist when your photo, naked, pornographic or otherwise, is posted on a website without your permission. CNN Reports on one lawsuit which is being brought against a revenge porn website where ex-boyfriends can post naked or pornographic pictures of girlfriends who have broken up with them. The website allegedly will take the picture down if you pay them money. For many web visitors, this smacks of extortion.

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January 02, 2013

Copyright Registration Does Not Equate to Copyright Infringement Liability Always

Any individual or business that wishes to protect its original work of authorship would be well served to pursue a copyright registration with the United States Copyright Office.  Registering copyright prior to an infringement or within three months of publication of the particular copyright does entitle the copyright owner and claimant to statutory damages as well as the potential for recovery of attorney’s fees.   In addition, registering a copyright before or within five years of publication of the particular work affords the copyright owner the presumption of validity of the copyright and the facts listed within the registration certificate.  Given the low registration fee associated with a copyright registration filing, it is typically advisable to pursue copyright registration.
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November 28, 2012

How to Copyright a Song, Lyrics, and Music to copyright a song, lyrics, and/or music. It's important to recognize at the outset that those are three different things. A song is made up of both the underlying music or notes, along with the lyrics, that allow a song to be played. A song is essentially a sound recording that includes all of those elements. Whereas, music is put together by a composer. Whereas, lyrics are put together by a lyricist.

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November 27, 2012

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.

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November 13, 2012

How Similar Are Songs Legally Allowed to Sound

When a court has to look at two pieces of music and decide whether or not they're substantially similar, the cases are really all over the board.   One of the first cases on this issue wasn't a music case.   It was a case about a play with a particular plot about an Irish family and a Jewish family, and a similar movie was made not too long after.


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November 06, 2012

The Importance of Copyrighting Music

What registration for copyright does is it allows you the opportunity to actually enforce your copyright. In other words, to go after people who are infringing on your copyright and to protect it from illegal copying by other people. Before that, before registration, when you have the copyright from the moment that the work was created, that's an asset that you own. You can sell it. You can license it. You can make money off of it. But in order to actually go to court over your copyright when someone else is copying it, that's when registration becomes important.


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.

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October 27, 2012

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.

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August 31, 2012

What Is a Copyright? Understanding Your Exclusive Rights.

As I've mentioned in previous shows on Copyright Law Radio a copyright and a work grants the owner of the copyright certain specific exclusive rights. “Exclusive rights” means that the copyright owner has control over their copyright protected work whether or not that's a photograph, an image, a piece of art, a book, some text. Whether or not it's a website, whether or not it's software code, or a variety of other items that fall within potential copyright protection.

My name is Copyright Law Attorney Enrico Schaefer, and today we want to talk a little bit more about the exclusive rights provided by the copyright law. So, the first important exclusive right that every copyright owner needs to understand is that you, as the copyright owner get to understand and determine and control who gets to make copies of your copyright protected work.

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