Copyright & Trademarks Posts
Posted: July 26, 2010 in Copyright & Trademarks
Have you written or created something amazing? You want to get it out there, but you also want to be sure that no one steals your idea. You need to protect your intellectual property — but did you know that some works are not protected by copyright?
It’s important to get an idea of what is and is not protected by copyright before you unleash your big ideas on the world.
Read More of What Intellectual Property Is Not Protected by Copyright? Here
Posted: July 16, 2010 in Copyright & Trademarks
When it comes to intellectual property, protection is key. You want to make sure your work won’t be stolen, duplicated or compromised.
To do that, you’ll need copyright protection. Or will you need a trademark?
Does one service offer more protection, or are they completely different?
Read More of Copyright and Trademarks: What Exactly Is the Difference? Here
Posted: April, 2010 in Copyright & Trademarks
In this digital information-sharing age, it’s more important than ever to be aware of copyright protection laws.
With the widespread use of the Internet, it’s easy to share your work with the world. However, it’s just as easy for people to share your work without giving credit or even claim it as their own.
Read More of Owning Your Work: Navigating Copyright Protection Here
Posted: April, 2001 in Copyright & Trademarks
by Robert W. Clarida
The Copyright Office has recently issued a guide to registration of copyright in websites and other on-line works. This column will summarize the policies and procedures set forth in that document, Circular 66, available from the Copyright Office website at http://www.loc.gov/copyright.
Even when stored exclusively as computer code, websites are not usually considered [...]
Read More of Copyright Registration for Websites Here
Posted: December, 2000 in Copyright & Trademarks
by Robert W. Clarida
Despite the 1998 passage of the Digital Millennium Copyright Act, which greatly limits the scope of contributory liability in cyberspace, the recent decision by the District of Utah in Intellectual Reserve Inc. v. Utah Lighthouse Ministry 1clearly illustrates that the courts are ultimately responsible for defining contributory infringement. The case also demonstrates [...]
Read More of Contributory Infringement on the Web Just Got Easier Here
Posted: December, 2000 in Copyright & Trademarks
by Robert W. Clarida
Messenger v. Gruner + Jahr Printing & Publishing , a February 17 decision by the New York Court of Appeals, has added a new wrinkle to New York’s statutory “right of publicity,” making life much easier for publishers and much tougher for plaintiffs under §§ 50-51 of the state’s Civil Rights law. [...]
Read More of New Wrinkle in New York’s Right Of Publicity Here
Posted: December, 2000 in Copyright & Trademarks
by Robert W. Clarida
While the headlines have been filled with Napster news and predictions of dire consequences for the entertainment industry, a little-heralded case in the Central District of California has resulted in a decision which could prove equally fateful for professional photographers. Brod v. General Publishing Group, Inc., No. CV 98-9520 (DUP), decided February [...]
Read More of Joint Authorship for Photographs – A Step Backward Here
Posted: December, 2000 in Copyright & Trademarks
by Robert W. Clarida
Mark your calendar: January 1, 2003. On that fateful day, untold billions of works now subject to copyright protection will go into the public domain simultaneously, and unless you act now, some of your clients’ works may inadvertently be among them. Under § 303 of the 1976 Copyright Act, works created before [...]
Read More of Publish or Perish: Clock Is Ticking For Unpublished Works Here
Posted: December, 2000 in Copyright & Trademarks
by Robert W. Clarida
By the time you read this column, the U.S. Supreme Court will probably have decided two non-copyright cases which could have significant ramifications for copyright owners. These cases, Nos. 98-531 and 98-149, (collectively “College Savings Bank v. Florida“) raise the seldom-explored issue of sovereign immunity under the Eleventh Amendment, i.e., whether and [...]
Read More of Sovereign Immunity – It’s Everybody’s Problem Here
Posted: December, 2000 in Copyright & Trademarks
by Robert W. Clarida
Two recent copyright cases raise a fascinating and seldom-explored remedy issue: to what extent can a court’s injunctive power reach beyond the four corners of the defendant’s infringing work? Injunctions commonly extend to the destruction or impoundment of the means of making infringing articles (e.g., printing plates, molds, silkscreens), but can a [...]
Read More of “Fruit of the Poison Tree” Injunctions Here
