Intellectual Property Law Blog

Archive for the ‘Copyrights’ Category

What Does the Brexit Vote Mean for IP Protection?

July 7th, 2016

By Martin G. Belisario and Bridget H. Labutta As is well known by now, the citizens of Great Britain have chosen to leave the European Union (EU), a move popularly dubbed the “Brexit.” Despite the economic upheaval and media firestorm surrounding the vote, the realm of intellectual property law is unlikely to see any immediate…

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How to Respond to a DMCA Takedown Notice

April 15th, 2016

So, you’ve received a Digital Millennium Copyright Act takedown notice. What do you do now? Any company with a website or a blog knows the power of content. Blog posts, photographs, videos, infographics and more are vital components of today’s digital economy – an economy that seems based on the widespread sharing of art, creativity,…

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3 Top IP Moments of 2015

January 7th, 2016

By Fred Tecce, Esq. It’s that time of year when seemingly every blog and online publication posts year-end “listicles,” and, for better or worse, we are no exception. It’s more difficult for us, though, because as engineers and intellectual property attorneys, we prefer objective analysis. “Biggest,” “best,” and other superlatives are invariably laden with subjective…

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Prince vs. the ‘Dancing Baby’: the Evolution of ‘Fair Use’

November 12th, 2015

By Bridget H. Labutta, Esq. Your IP attorneys have discovered a video on YouTube of a baby dancing while your – copyrighted – music plays in the background. The legal team quickly dispatches a takedown notice, claiming infringement. That’s a common practice under the 1998 Digital Millennium Copyright Act (DMCA), as artists, writers, photographers, and…

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When Others Can Use Your Copyrighted Material For Free: Understanding ‘Fair Use’

October 22nd, 2015

By Bridget H. Labutta, Esq. Most artists, including photographers, writers, musicians, and more, make a living by selling the artistic works they create. Copyright protection gives these artists the exclusive, legally enforceable right to the use of that material. That control, however, is not absolute, and we receive many questions from artists who are concerned…

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What is the Status of Patents for Software Inventions, Post-Alice?

October 15th, 2015

By Clark A. Jablon, Esq. It has been more than a year since the U.S. Supreme Court issued its decision in Alice v. CLS Bank which ruled that the two-step Mayo analysis should be applied to all patents in determining patent eligibility under 35 U.S.C. 101. While this analysis provides a few bright line rules…

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When is a ‘Private’ Music Performance Actually Public?

April 23rd, 2015

When it comes to performing music, whether recorded and played or performed by a live band, one of the trickiest aspects to navigate for music copyrights is the definition of “private” versus “public” performance. What constitutes a “private performance” is complex, and has been the basis of many court cases. It often is a matter…

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5 Things to Know About Music Copyright

March 19th, 2015

Every year, and particularly in the summer months when outdoor concerts and dining are popular, we receive phone calls and emails from owners of bars, restaurants, and other businesses that play music for their patrons. Usually, they are calling because they received a letter from a company in the music industry demanding that they pay…

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Top IP Trends of 2015

January 1st, 2015

While 2014 saw several watershed moments in the IP arena, 2015 promises to be every bit as exciting. Intellectual property assets remain the engine that drive the world’s economy, with new discoveries creating new markets and fueling new business growth, while influencing the public policy that shapes and, in many cases improves, the quality of…

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Year in Review: Top IP Issues of 2014

December 22nd, 2014

In a decade that has seen major developments in intellectual property rights and IP law, 2014 was still a significant year. Tech giants such as Google, Samsung and Apple grabbed headlines in their battles over infringement claims, patent reform measures were debated, then scrapped, and a landmark case changed the game for software patents. Here are our…

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