Category Archive for "Copyright Law"

New Year, New Ideas

New Year, New Ideas The New Year has finally arrived and we are ready for 2017! We wanted to outline some important IP advice for your company this year.

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Top 10 Copyright Rulings of 2016

Top 10 Copyright Rulings of 2016 Every year, Law 360 publishes their Top 10 copyright cases from the past year. Music, film, art and entertainment are often involved in copyright cases, which is why they can gain media attention both locally and nationally.

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Music to Internet service providers’ ears

Appellate court extends EMCA safe harbor The Second Circuit Court of Appeals recently ruled on the hotly debated issue of whether the Digital Millennium Copyright Act’s (DMCA’s) safe harbor provision applies to sound recordings created before 1972. That’s when Congress first extended copyright protections to such recordings. With Capitol Records, LLC v. Vimeo, LLC, the Second Circuit is the first federal appellate court to tackle the question, and its opinion no doubt brought a huge sigh of relief from Internet service providers.

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Client Profile: Oxygen Plus (O+)

Oxygen—it heals, sharpens concentration and most importantly, we need it to survive. Most people associate oxygen with the air we inhale every moment of the day but Oxygen Plus (O+) has taken one of our most important elements to a new level. The innovators at O+ understand that oxygen is more than just an element—it helps provide energy, drives a healthy lifestyle, promotes healing and so much more. As pollution continues to crowd the air, O+ is supplying the world with 95% pure oxygen on the go, to keep them moving along every day. O+ – the pioneers and leaders of portable recreational canned oxygen worldwide – is here for you – anytime you need a lift.

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Copyright law defeats right-of-publicity claims

The right to copyright protection is bestowed by federal law, while the right of publicity from the use of one’s name or likeness is bestowed by state law. So which prevails when these rights come into conflict? In Dryer v. The National Football League, the Eighth Circuit Court of Appeals shed some light on how that answer should be determined.

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Consider Fair Use Before Issuing a Takedown Notice

The Internet has been a boon to entertainment and information sharing. But it also presents a difficult environment for copyright owners trying to control their content. Recently, the U.S. Court of Appeals for the Ninth Circuit imposed an additional burden on copyright holders who want to protect their material under the Digital Millennium Copyright Act (DMCA).

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IP Due Diligence Considerations in Corporate Transactions

The strength of a company’s intellectual property portfolio often drives the value of corporate transactions. Regardless of whether you are the target company or the buyer in a business transaction involving IP, the due diligence process should be designed to reveal the value of the intangible assets—patents, trademarks, copyrights and trade secrets.

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Laying a Low Floor for Copyright Originality

Things found in nature are generally considered in the public domain and not subject to copyright protection. Yet the U.S. Court of Appeals for the Eleventh Circuit recently ruled that a flooring design based on the natural aging of wood was indeed copyrightable.

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Protecting Copyrights on Social Media

Social media sites like Facebook, Twitter and Pinterest allow users to post material that may be copyrighted. The social media site does not own the work that has been placed on their site and terms of use generally provide that the copyright is still retained by the owner.  However, it is important to recognize that by posting works on a social media site, you grant the site a royalty-free license to use the work. Facebook The terms of use for Facebook state that the Facebook user owns “all of the content and information” that they post on Facebook and control how it is shared through various privacy setting.  In addition, for content that is protected by intellectual property rights, users grant Facebook, “a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content” that is posted on or in connection with Facebook.  When a user leaves Facebook, all content is deleted. Twitter The terms

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Want to know the secrets to creating and protecting unforgettable brand names?

Choosing the wrong name can be expensive. Gain essential knowledge on trademarks and the naming process. Introducing The Guide for Pursuing Legally Defensible & High-Value Trademarks – a collaborate effort with the branding experts Olive & Company.