Web Images Aren’t Always Free – The Case For Clearing Rights (2013)
Thursday, 15 August 2013
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
- Published in Copyright Law, Intellectual Property Law, Internet, Rights Clearance
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Reading the Tea Leaves: ISP Obligations After The Second Circuit’s Viacom v. YouTube Decision (2012)
Wednesday, 12 December 2012
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,
Some Free Legal Advice: Why You Should Register Your Copyrights and Trademarks (2011)
Friday, 05 August 2011
The failure to register copyrights and trademarks 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
Golan v. Holder: The Constitutionality of Restoring Works of Foreign Origin From the Public Domain (2010)
Friday, 05 November 2010
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