28 Tuesday Jul 2015
Posted in Copyright, Fair Use, Intellectual Property, Patent Law, Trademarks
≈ Comments Off on How To Take Out Trademark Bullies.
Are Trademark Bullies Bringing Plausible Claims? by Guest Blogger Draeke Weseman, Weseman Law Office, PLLC, Duets Blog
Intellectual property enforcement continues to make news, and new solutions to curb abusive enforcement – i.e. trademark bullying, patent trolling, and copyright trolling – are being proposed regularly. Central to these solutions is the idea of a ‘fast-lane’ that kicks bad claims to the curb before the bullied or trolled party has incurred significant legal costs. . . .
11 Tuesday Nov 2014
Posted in Copyright, Fair Use, Intellectual Property, Public Domain
≈ Comments Off on Copyright Infringement and Fair Use.
Tags
beSpacific Blog., Copyright, Copyright Infringement, Fair Use, Public Domain, Sabrina I. Pacifici, Trademarks
Law Firm Copying and Fair Use: An Examination of Different Purpose and Fair Use Markets, by Sabrina I. Pacifici, BeSpacific Blog
Jones, D. R., Law Firm Copying and Fair Use: An Examination of Different Purpose and Fair Use Markets (September 29, 2014). South Texas Law Review, Vol. 56, No. 2, 2014 – Forthcoming; University of Memphis Legal Studies Research Paper No. 144. Available for download at SSRN: http://ssrn.com/abstract=2503089
‘In several recent lawsuits, publishers sued law firms for copyright infringement. The lawsuits focused on making unlicensed copies of scholarly articles to file with patent applications, including copies for the firms’ internal use and for the firms’ clients. In two of these cases, lower court judges determined that the making of unlicensed copies was fair use. The decisions hinged on transformative use, focusing on the defendant’s purpose for using the works. There was no alteration or change in the works. The judges found fair use, despite the possible availability of licensing. These patent application cases fit within a larger category of cases involving the use of copyrighted works in judicial and quasi-judicial proceedings. This article uses these cases as a vehicle to review the use of purpose in fair use analysis. It advocates that the review of the character and purpose of a use should include a deeper examination of the policies and societal interests underlying the use. This broader consideration is especially important if a plaintiff asserts the presence of a ready market for the payment of fees for use of a copyrighted work. This article explores the determination of a fair use market as a way to support the unlicensed use of copyrighted works although a ready market exists for the payment of fees. These cases offer an excellent model for the analysis necessary to determine a fair use market.’
29 Friday Aug 2014
Posted in Copyright, Intellectual Property, Public Domain
≈ Comments Off on Judge Posner Ends Copyright Protection for Sherlock Holmes.
Judge Posner Solves Sherlock Holmes Copyright Case, by Sabrina I. Pacifici, BeSpacific Blog
Rita Yoon, McDermott Will & Emery: ‘The original character of the famous detective Sherlock Holmes, along with his sidekick, Dr. John H. Watson, are no longer subject to copyright protection. In an opinion by Judge Richard A. Posner, the U.S. Court of Appeals for the Seventh Circuit held that copyright protection in these century-old literary characters cannot be extended simply by changing their features in later stories. When the original story expires, the characters covered by the expired copyright are ‘fair game’ for follow-on authors. Klinger v. Conan Doyle Estate, Ltd., Case No. 14-1128 (7th Cir., Jun. 16, 2014) (Posner, J.).’
20 Sunday Jul 2014
Posted in Bad Legal Writing, Computer Forensics, Computer Fraud and Abuse Act, Computer Virus, Copyright, Criminal Law, Cybersecurity, Digital Millenium Copyright Act, Discovery, Encryption, Evidence, Finance and Banking Law, Fraud, Google, Government, Identity Theft, Intellectual Property, Law Office Management, Legal Technology, Legal Writing, Legalese, Malware, Management, Patent Law, PC Computers, Plain Language, Presentations, Search Engines, Trial Tips and Techniques, Trojans, Video
≈ Comments Off on 10 Top Law-Related TED Videos.
Tags
Copyright, Crime, Eyewitness, Fashion Industry, Government, Internet, Legal Productivity Blog, Legalese, Patent Troll, Plain Language, TED, Tim Baran
Top 10 Legal TED Talks, by Tim Baran, Legal Productivity Blog
http://www.legalproductivity.com/op-ed/top-10-legal-ted-talks/
Have you heard of TED? It began in 1984 as a conference and now covers a wide range of topics in more than 100 languages. Think of it as a massive brain trust that shares great ideas and information.
Each of the law-related TED talks listed in this article are worthwhile on their own: (1) four ways to fix a broken legal system; (2) eliminate legalese by using plain English; (3) how to beat a patent troll; (4) how the Internet will change government; (5) laws that choke creativity; (6) copyright law; (7) why eyewitnesses get it wrong; (8) how technology could make crime worse; (9) the Internet and anonymity online; and (10) how great leaders inspire. -CCE
22 Thursday May 2014
Posted in Closing Argument, Copyright, Exhibits, Intellectual Property, Legal Technology, Opening Argument, Oral Argument, Technology, Trial Tips and Techniques
≈ Comments Off on How Graphics Were Used In Historic Copyright Case.
Graphics for a Historic Copyright Case, by Michael Kelleher, Consent Legal Blog
As you prepare for oral argument in an important hearing, you may realize that you need quick help to create or revise graphics. Today’s blog post comes from this type of scenario, and it has the added interest of coming from a high-profile copyright dispute pending in the Supreme Court. . . .
20 Tuesday May 2014
Posted in Copyright, Intellectual Property, Patent Law
≈ Comments Off on Statute of Limitations And Copyright Infringement.
Tags
Copyright, Dennis Crouch, Infringement, Laches, Patent Law, PatentlyO Blog, Separate-Accrual Rule, Statute of Limitations
Supreme Court: In Copyright, Laches Cannot Preclude Actions Taken Within Three Year Statute of Limitations, by Dennis Crouch, PatentlyO Blog
Petrella v. MGM (Supreme Court 2014)
Frank Petrella wrote a screenplay back in 1963 based on the life of Jake LaMotta and assigned rights to UA/MGM who made the movie Raging Bull. Under the old renewal system, renewal rights went to Petrella’s heir, Paula Petrella, who renewed the copyright in 1991 in a fashion that (seemingly) eliminates the prior license. In 1998 she informed MGM that its continued exploitation of the Raging Bull movie violated her copyright. Finally, in 2009, she did sue – alleging copyright infringement.
Copyright infringement has a three-year statute of limitations indicating that ‘No civil action shall be maintained under the [Act] unless it is commenced within three years after the claim accrued.’ 17 U.S.C. §507(b). However, as in patent law, copyright follows a ‘separate-accrual rule’ that sees each successive violation of a copyright as a new infringing act with its own statute of limitations. Thus, under the statute of limitations, MGM could be liable for its post-2006 actions such as copying and distributing the work. . . .
13 Sunday Apr 2014
Posted in 2nd Circuit Court of Appeals, Copyright, Intellectual Property
≈ Comments Off on Author’s Guild Sues Google Inc. For Copyright Infringement.
Tags
Associated Press, Author's Guild, Copyright, Digital Millenium Copyright Act, Google Inc., How Appealing Blog, Howard J. Bashman, Intellectual Property, Larry Neumeister, Michael Liedtke
Authors Guild Asks US Court To Rule Against Google, by Larry Neumeister, Associated Press (Associated Press Writer Michael Liedtke in San Francisco contributed to this report) (with hat tip to Howard J. Bashman at How Appealing Blog!)
Saying Google Inc. is stealing business from online book retailers, the Authors Guild asked a federal appeals court Friday to reinstate its lawsuit contending that the Internet giant is violating copyright laws with its massive book digitization project.
The Guild filed papers with the 2nd U.S. Circuit Court of Appeals in Manhattan, saying that Google’s effort to create the world’s largest digital library was violating the rights of authors and stifling competition in the busy Internet book sales market. . . .
17 Monday Feb 2014
Posted in Copyright, Intellectual Property, Public Domain
≈ Comments Off on Is Sherlock Holmes in the Public Domain?
Tags
A Study in Sherlock, Copyright, Dan Nabel, Dmitri Martin, Dr. Watson, In the Company of Sherlock Holmes, Laurie King, LawLawLand Blog, Leslie Klinger, Pegasus Books, Professor Moriarty, Public Domain, Random House, Sherlock Holmes, Sir Arthur Conan Doyle
Federal Judge Declares Sherlock Holmes Characters in Public Domain. Sort of., by Dan Nabel, LawLawLand Blog
Comedian Dmitri Martin has a great joke about the expression ‘sort of.’ Although normally a fairly meaningless expression, saying ‘sort of’ after certain things suddenly becomes very important. Such as after the phrase ‘I love you,’ or ‘You’re going to live,’ or ‘It’s a boy.’ I immediately thought of this joke after reading a recent order issued by a federal court in Illinois. The order declared that Sherlock Holmes, Dr. Watson, 221B Baker Street, the evil Professor Moriarty, and other elements of Sir Arthur Conan Doyle’s beloved works have fallen into the public domain.
Sort of.
09 Saturday Nov 2013
Posted in Copyright, Intellectual Property, Law Libraries, Law Office Management, Legal Writing, Marketing, Research
≈ Comments Off on A Compilation of Canadian Law Blogs, Articles, and Links
Tags
Canada, Copyright, Intellectual Property, Law Libraries, Law Office Management, Legal Writing, Marketing
Fall 2013 Issue of Law Library Journal Now Available, Michel-A. Sheppard, Library Boy
Ron, this one’s for you. CCE
The Researching Paralegal 
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