Copyright Law sets forth an exception to infringement for fair use. But what is a fair use is often confusing. Circumstances often dictate the extent to which this exception is applied. The statute provides express limitation on the exclusive rights granted…. for the fair use of a copyrighted work, including such use by reproduction in copies … More What Use Is a Fair Use
In the recent IRS vs. Worldcom decision, the Court of Appeals Second Circuit reversed the denial of a $38 Million communications excise tax the IRS previously collected. In Worldcom’s bankruptcy proceeding, the IRS had been ordered to refund the excise tax to Worldcom’s bankruptcy estate. The issue for the Court of Appeals: Whether Worldcom’s purchase … More Cyberlaw: 2nd Circuit Oks IRS Modem Excise Tax
This week the US Court of Appeals Second Circuit issued Google a reprieve from class action certification. Google was alleged by the Authors Guild to have committed copyright infringement by copying and displaying “snippets” of millions of books in the Library Project of its Google Books search tool. The parties had reached an earlier settlement … More Google Wins Class Action Reprieve
Clients of my practice usually either have a website or are planning to get one. From an intellectual property “IP” standpoint, the developer agreement is critical to ensure the right content and code necessary for your business to attract clients and customers. There are many terms to consider including project scope, testing, hosting, ownership, payment … More Essential Points of Web Developer Agreements
According to the Court of Appeals Ninth Circuit, Plaintiff did not have standing, the legal jurisdictional requirement necessary to sue the alleged copyright infringing Defendants in the case of Righthaven LLC v. Hoehn. Plaintiff Righthaven LLC was founded, according to its charter, to identify copyright infringements on behalf of third parties, receive “limited, revocable assignments” … More Limited Copyright Assignment For Lawsuit Not Valid
The Federal District Court in New York has ruled that the resale of digital music infringed the copyrights held by the music rights-holders’ in Capitol Records LLC v. ReDigi Inc, U.S. District Court, Southern District of New York, No. 12-00095. The Defendant ReDigi provided a service allowing purchasers of songs from iTunes to upload their … More Digital Content Not Subject to First Sale Doctrine
You’re surfing the internet and discover that someone is using your original content without your permission. A popular remedy is to request the web host to “take-down” the infringing material. While there are many euphemisms for using the term takedown, in fact just last week I received a take-down request from my daughter who objected … More Taking Down Infringing Web Content
This year brought library e-books. Imagine enjoying reading without worn discolored pages and coffee stains. Reserving and downloading books from any location had made e-reading easily accessible to anyone carrying a mobile device. Enjoying the New York Times, The Week Magazine and finishing a library book with the push of a button, tap of the … More Digital Rights Management 2012 Review
William Tennant 