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The Content Lawyer

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Articles

Web Images Aren’t Always Free – The Case For Clearing Rights (2013)

Thursday, 15 August 2013 by Elliott Alderman

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 by Elliott Alderman

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,

Digital DMCA infringing ISP video

Published in Copyright Law, Digital Millennium Copyright Act, Intellectual Property Law, Intermediary Liability, Internet, YouTube

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Some Free Legal Advice: Why You Should Register Your Copyrights and Trademarks (2011)

Friday, 05 August 2011 by Elliott Alderman

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

Published in Copyright Law, Copyright Registration, Intellectual Property Law, Trademark Law, Trademark Registration

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Golan v. Holder: The Constitutionality of Restoring Works of Foreign Origin From the Public Domain (2010)

Friday, 05 November 2010 by Elliott Alderman

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

Berne Convention First Amendment public domain Uruguay Round Agreements Act

Published in Berne Convention, First Amendment, Foreign Works, Intellectual Property Law, Restoration of rights, Uruguay Round Agreements Act

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Articles

Web Images Aren’t Always Free – The Case For Clearing Rights (2013)

Reading the Tea Leaves: ISP Obligations After The Second Circuit’s Viacom v. YouTube Decision (2012)

Some Free Legal Advice: Why You Should Register Your Copyrights and Trademarks (2011)

Golan v. Holder: The Constitutionality of Restoring Works of Foreign Origin From the Public Domain (2010)

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