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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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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!  ;)"



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