Web Images Aren’t Always Free – The Case For Clearing Rights (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
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Reading the Tea Leaves: ISP Obligations After The Second Circuit’s Viacom v. YouTube Decision (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,
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Some Free Legal Advice: Why You Should Register Your Copyrights and Trademarks (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
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Fair Use: Without Harm to the Copyright Owner Can There Really be a Potential Market for a Work? (2010)

Copyright Act: Fair Use 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
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