Category: Copyright

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”) […]

Trademarks, patents and copyrights are three of the basic types of intellectual property (“IP”). In the US, each is legally protected by statutory and regulatory registration/application regimes. In addition, all three types of IP are explicitly protected by international law pursuant to many international treaties and agreements. A fourth major type of IP involves trade […]

The first sale doctrine is a legal doctrine that applies to copyrights, patents and trademarks. The doctrine is slightly different for the three types of intellectual properties. But, in general, in each case, the first sale doctrine prevents owners/holders of intellectual property rights from controlling what happens to a physical product or work after it […]

A copyright notice is a specific type of formal statement placed on copies of a works of original authorship. For works published before 1989, a copyright notice was required for the work to have the full protections of US copyright laws. However, since 1989, a copyright notice is not required for full legal protection, but […]

If you own a website, it is important to have a copyright notice — also known as a copyright footer — prominently located on your home page and on other pages. Technically, under the current US copyright laws, a copyright notice is not legally necessary for the protection of your original content. But there are […]

Copyrights are a form of intellectual property. At common law, copyright rights vest in the author of the copyrighted work. They protect what are called “original works of authorship” like literary, musical, and other types of artistic work as long as they are fixed in a tangible medium (such as paper, canvas, or a recording). […]

Copyright law protects original works of authorship. 17 U.S.C. § 102(a). Generally, the bar for what constitutes “original” is very low. But, at the same time, copyright law DOES require some minimal amount of originality. As one court phrased it, a “modicum [of] creative spark” is needed (in addition to independent creation). In a couple […]

Among many other prohibitions, the Digital Millennium Copyright Act (“DMCA”) prohibits efforts to gain access to computers by circumventing security control measures. In particular, the statute states that: “No person shall circumvent a technological measure that effectively controls access to a work protected under this title.” See 17 U.S.C. § 1201(a)(1)(A). “Circumventing” is very broadly […]