Web Images Aren’t Always Free – The Case For Clearing Rights (2013)
Thursday, 15 August 2013
- Published in Copyright Law, Intellectual Property Law, Internet, Rights Clearance
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Fair Use: Without Harm to the Copyright Owner Can There Really be a Potential Market for a Work? (2010)
Monday, 05 July 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
- Published in Copyright Law, Fair Use, Intellectual Property Law
Tasini Update: Supreme Court Holds that Section 411(a) Registration Requirement is not Jurisdictional (2010)
Wednesday, 05 May 2010
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
Marilyn Monroe: Trade Dress From Whole Cloth? (2007)
Monday, 05 November 2007
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
- Published in Copyright Law, Intellectual Property Law, Marilyn Monroe, Trade Dress, Trademark Law, Visual Images