Articles

Copyright Registration

Intellectual Property Copyright

Copyright is a form of protection provided by federal law that gives authors of “original works of authorship” certain exclusive – CONTINUE READING

Copyright Notice and Protection

U.S. copyright laws give protection to authors and artists for “original works of authorship.” Such works include literary and – CONTINUE READING

Fair Use and Other Exceptions to the Enforcgement of Copyright Law

Copyright protection in the U.S. has existed since the formation of the Constitution, and coverage has continually been – CONTINUE READING

Copyright Issues

Rosa Parks Sues OutKast Over Song Title

In December 2003, the U.S. Supreme Court refused to hear an appeal by the hip-hop duo OutKast and their record label – CONTINUE READING

Controlling the Commercial Use of a Celebrity’s Identity

Generally, copyright and trademark laws protect the exclusive rights of an original author in the commercial value of their – CONTINUE READING

Fair Use

The Changing Face of Fair Use

Fair use is a principle of copyright grounded in the idea that the public is entitled to use excerpts of copyrighted materials – CONTINUE READING

Fair Use in the Digital Age – Authors Guild v. Google Books

Authors Guild v. Google Books is a seminal decision regarding application of the fair use doctrine in the digital age. StartingCONTINUE READING

Google Grapples with Fair Use & Market Harm Once Again

Over the years, Google has asserted the fair use doctrine in more than one lawsuit as a defense to using copyrighted material – CONTINUE READING

The Facts

In 2005, Google began developing its Android mobile operating system. However, to use Java (the preferred programming – CONTINUE READING

How Market Harm Prevents Google from Successfully Asserting Fair Use

After finding that Google’s use was not transformative because Google did not alter the Java code with “new expression – CONTINUE READING

Trademark

The Abercrombie Formulation: Generic, Descriptive, Suggestive, Arbitrary and Fanciful Marks

The Lanham Act, the federal trademark statute, protects marks that perform sourceidentifying functions. Specifically, under – CONTINUE READING

Aqua and Mattel’s Lawsuit Regarding “Barbie Girl” Song

Mattel, the manufacturer of the “Barbie” doll, sued a Danish band, Aqua, over their song “Barbie Girl.” The song, among – CONTINUE READING

Arbitration

Arbitration of International Commercial Disputes

The general strength and momentum of the international marketplace accentuates the need to have clear rules for the resolution – CONTINUE READING

Websites

Copyright Protection for Your Websites and Blogs

For creators of original content on the internet protection under law can feel inadequate for their electronic intellectual property – CONTINUE READING

Your Websites Terms and Conditions

If you have established a web presence with your own site you face the issue of posting Terms and Conditions appropriate – CONTINUE READING

Life Rights

Legal Consideration For Option/Purchase Of Life Rights

No one owns their life story. Personal facts, historical events, names, ideas and themes cannot be copyrighted. So, for a produce – CONTINUE READING

How The Hurt Locker Case Put Life Rights in the Spotlight

In March of 2010, Master Sgt. Jeffrey S. Sarver sued the makers of the film The Hurt Locker, alleging the movie was based on – CONTINUE READING

Thinking About Contracts

Why Attorneys Want You To Have Contracts

All attorneys want clients —- and all attorney want their clients to have contracts. While the good contract sets out the who – CONTINUE READING

You Don’t Get Something For Nothing

“You get what you paid for,” “there’s no free lunch,” “free advice is worth exactly what you paid for it.” At some point, some – CONTINUE READING

Deferred Compensation

For those of you who grew up watching Popeye cartoons, you will remember a character named Wimpy. Wimpy’s favorite line – CONTINUE READING