Internet Law & New Media

Fair Use and YouTube

Who could have foreseen the impact that a video of a dancing baby uploaded by his mother in 2007 would have so much impact on YouTube users and how the DCMA is interpreted? The DCMA law has been tested for … Continue reading

YouTube Fights on Behalf of Content Creators

When it comes to intellectual property law, the Digital Millennium Copy Right Act (DMCA) protects owners of a copyright online and allows them to demand a site take down user generated content that violates a copyright. If they refuse to … Continue reading

Unwired Planet Wins Patent Trial Against Samsung

It stands to reason that a company would want to protect its patents. A patent can mean the difference in producing something groundbreaking and mimicking what others are already producing. Patents can even affect stock markets, sending stock prices soaring … Continue reading

Internet Piracy Arguments Flawed

The internet makes it very easy to transmit vast amounts of information to any computer connected to it. This has enabled great strides in human advancement and creativity, but it also has enabled those who would steal intellectual property without … Continue reading

Twitter User Invokes DMCA to Protect her Tweets

Continuing our theme this week of social media users asserting copyright, we have the case of another Tweeter arguing that the material she posts on her site is protected by copyright law. Twitter user @runolagrun is using provisions from the … Continue reading

Conan O’Brein Sued by Twitter User for Allegedly Stealing Jokes off Feed

Are your posts on social media protected intellectual property? Some think so, and are willing to go to court over the issue. The comedian Conan O’Brien has been sued by a Twitter user for allegedly stealing four jokes off of … Continue reading

The More IP Protection the Better

An article on Tech Vibes brings up some very good points about intellectual property protections. Sometimes a single filing isn’t enough. A broad approach that uses several different kinds of IP protections can protect your IP much better than a … Continue reading

SLAMMING THE DOOR ON DOMAIN NAME HIJACKING

During the 1980s after the breakup of “Ma Bell” (AT&T Corp.) when US regulators broke up the AT&T Corp. monopoly by a consent decree in the anti-trust lawsuit, United States v. AT&T, a nefarious marketing technique known as “slamming” became … Continue reading

Second Life TOS: A Partial Analysis and How to Protect your Digital Content

In November 2003, Linden announced that it would recognize participants’ full intellectual property protection for the digital content they created or otherwise owned in Second Life. As a result, Second Life avatars could from that point forward buy, own, and … Continue reading

Cyber Piracy Law: Domain Names and Right of Privacy

Causes of action for the use of someone’s famous name are CyberPiracy, unfair competition and false advertising in the nature of false endorsement which is essentially the federal equivalent of a state violation of the right of publicity. Most states … Continue reading

How To Do Email Marketing Right

In short, you may send unsolicited email so long as you follow the rules. include your physical postal address indicate that the email is an advertisement or solicitation notify recipients of their ability to decline further mailings and tell them … Continue reading

Social Media Sites and Intellectual Property

Social media sites are the “go to” Internet forums for fun and e-commerce. Internet users spend a great deal of time at these sites, not merely for pleasure, but also for monetary gain, to create and build careers and to … Continue reading

U.S. SUPREME COURT TAKES “39 STEPS” BACK FROM THE PUBLIC DOMAIN

In a landmark copyright ruling hailed internationally—but largely criticized at home—the U.S. Supreme Court decided on January 18, 2012 that the copyright clause of the Constitution does not prevent the United States from fulfilling its treaty obligations regarding copyright ­protection … Continue reading

The best-known areas of Intellectual Property: Patents, Trademarks and Copyrights

A Patent oftentimes protects things which have some sort of function. Before filing a patent application, you should have Michael L. Greenberg, our registered patent attorney, perform a patent search to find out if your idea appears patentable. A patent … Continue reading

Registered Copyright

Grounded in the US Constitution, US Copyright laws protects a creation that is fixed in a tangible medium. At the moment the creation is fixed, a copyright is automatically secured. That is, if someone stands up on the street and recites … Continue reading

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