Category: Copyright

The answer is: “yes, but not always.” In general, US copyright law allows the owner of an original work of authorship to prohibit the creation and display of derivative works without authorization. For example, if I write a marvelous novel, it is copyright infringement for someone to write and perform a theater production or make […]

Accidental or innocent copyright infringement occurs when copyright protections are violated without specific intent to commit infringement. Copyright law protects original works of authorship and allows the owner to prohibit copying, use, distribution, performance, public display and/or the making of derivative works without permission. Some of the most common circumstances when accidental/innocent copyright infringement happens […]

If you are the owner of material that is protected by copyright law, under the Digital Millennium Copyright Act (“DMCA”), there is a procedure for demanding that your copyrighted material be taken down from an internet website or other places of publication. Generally, these are called “Takedown Notices.” Most internet providers and website hosting companies […]

A “Takedown Notice” is a tool for protecting intellectual property like copyrights and trademarks. As the name implies, a takedown notice is a demand that certain proprietary material be taken down from the internet or other public places. “DMCA” is an acronym referencing a federal statute enacted to protect copyrights in the internet age called […]

Yes, in some circumstances, the Digital Millennium Copyright Act (“DMCA”) prohibits owners of certain computer and electronic equipment from attempting to repair the devices by accessing the computer software. From the vantage of  the manufacturer of the video game console, preventing access to the console software helps prevent piracy. But, there are exceptions, and consumers […]

Recently, a website called hitpiece.com launched. This website claims to sell NFTs of songs. The problem is that the website has no license or permission to use the songs. And the library of NFTs include some of the biggest names in the music industry and some of our personal favorites (Jackie Venson). The use of […]

The Copyright Act gives legal protections to original works of authorship that are fixed in a tangible medium. The rights granted by the Copyright Act include a “bundle” of rights including, among other rights, the right to make copies of the original work and the right to exclude others from using or making copies of […]

Non-Fungible Tokens (NFTs) are a type of cryptocurrency that are uniquely valued representations of different assets. While more common cryptocurrencies are fungible, meaning they are identical to each other and can traded at equivalency (i.e. 1 bitcoin = 1 bitcoin), NFTs cannot be traded or exchanged equally. One NFT does not hold the same value […]

The Digital Millennium Copyright Act is comprised of rules that apply to copyrighted material that may be infringed upon on the internet. A DMCA notice informs a company, individual, or other web host that they are hosting copyright-infringing material. Such copyrighted material could be, for example, written works, videos, audio or music files, artwork, photos, […]

Many are aware that copyright law protects original works of authorship like books, paintings, movies, sculptures, and more. Interestingly enough, something very similar to copyright law also protects computer chips (or more accurately, the etchings placed on or in computer chips that make them work). In 1984, Congress enacted the Semiconductor Chip Protection Act (“SCPA”) […]