When you see an inviting Internet visual image which seems ripe for the taking, consider that it may not be freely available… Increasingly, I am being contacted by clients on the receiving end of copyright cease and desist letters based on their unlicensed use of visual images in digital works. Not clearing rights is simply

Introduction Although the Digital Millennium Copyright Act (DMCA) does not require service providers to actively monitor their sites for infringing content, a provider with” knowledge” of infringing activities must act quickly to remove or disable access to these materials. Knowledge comes in two flavors- – actual and imputed – -but after the Second Circuit’s decision,

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The failure to register trademarks and copyrights is the very definition of penny-wise and pound foolish. Many clients leave many law offices frustrated, particularly in copyright matters, because despite the apparent validity of their claims, they just cannot afford to enforce their rights if they neglected to register their creative works. The irony of this

On cross motions for summary judgment, a federal district court in Colorado held, in Golan v. Holder, that Section 104A of the Copyright Act, codifying Section 514 of the Uruguay Round Agreements Act (“URAA”), which restores copyright protection to works of foreign nationals that had entered the public domain, violates the First Amendment use rights of parties

I recently represented a nonprofit client in what should have been a simple rights clearance matter. The client wanted to use short audio portions of music for educational purposes without having to license rights from the sound recording copyright owners. The contemplated use was transformative, the portions taken were quantitatively and qualitatively insignificant and did

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Earlier this month, the Supreme Court held in Reed Elsevier, Inc. v. Muchnick, that the registration requirement in section 411(a) of the Copyright Act is not jurisdictional. In a continuation of the Tasini case (involving electronic rights to freelance articles written for newspapers and magazines) the Reed Elsevier Court was faced with the question of whether a class settlement involving the

To resolve disputes and avoid costly litigation, many companies are relying on mandatory arbitration clauses in their contracts. Disputes are inevitable and a cost of doing business, and the rising cost of lawsuits has becoming staggering. Against this backdrop, in the context of an otherwise garden-variety software copyright infringement suit, the Sixth Circuit recently bypassed

In a case with far-reaching implications for interactive websites and other online service providers, the U.S. Court of Appeals for the Ninth Circuit, in Fair Housing Council v. Roommates.com, (No. 04-57173, 9th Cir. 2008), recently stripped the defendant website’s conduit immunity under the Communications Decency Act of 1996 [CDA], concluding that the site had materially

Ideas and concepts, other than those that are not obvious and may be subject to patent protection, are generally freely available to all.  Trademark protection usually extends only to the owner’s use of a particular mark, including any logo or image. Yet a judge in the Northern District of California held recently that a trade dress owner

In a recent case of first impression, the Sixth Circuit decided in Brilliance Audio, Inc. v. Haights Cross Communications, Inc., No. 05-1209 (6th Cir. 2007) that the record rental exception to the first sale doctrine, in section 109 of the Copyright Act, applies only to sound recordings of musical works. The decision is also interesting for its