Copyright Requires Sufficient Creativity – But What Is Sufficient Creativity?

In the grouping of rights that make up intellectual property protections, copyrights are sometimes considered the easiest rights to obtain because a copyright is considered to be created when an original work of authorship is fixed in a tangible medium of expression. As opposed to patents or trademarks, there is no need to register or [...]

2018-08-27T17:01:40-05:00August 15, 2018|Administrative Ruling, Copyright, Practice Notes|

Time to Review Your Terms of Use and Service Policy – Digital Millennium Copyright Act (“DMCA”) Safe Harbor Not Bullet Proof

The Digital Millennium Copyright Act (“DMCA”) provides under 17 U.S.C. § 512 a safe harbor defense to copyright infringement for providers that have adopted and reasonably implemented a policy that terminates subscribers who are repeat copyright infringers.  Many companies have terms of use and other company policies designed to take advantage of such DMCA [...]

2018-02-12T17:49:41-05:00February 12, 2018|Copyright, Court Opinion, Practice Notes|
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