Category: Copyright

Under general federal and Constitutional legal principles, federal laws will preempt state and local laws where there is a conflict and where federal power and jurisdiction prevail. The power to make laws with respect to patents and copyrights is specifically granted to the federal government in the US Constitution. See US Const., Art. I, Section […]

Back in 1998, Congress enacted the Digital Millennium Copyright Act (“DMCA”) to significantly enhance copyright protections and to specifically combat copyright abuse on the internet. See 17 U.S.C. § 512. One often overlooked provision in the DMCA is a prohibition on the removal or alteration of what is termed “copyright management information” or “CMI.” The […]

Not too long ago, we wrote about a recent decision from the US Court of Appeals for the 11th Circuit that held that data scraping can be deemed a misappropriation of trade secrets. See here. That case was decided based on the Florida version of the Uniform Trade Secrets Act (“UTSA”). In another case involving […]

If you are operating an online business or a blog, understanding copyright law is essential. Copyrights protect original works of authorship from being used or copied without the permission of the author. This is true even if the original author is given credit and/or if a hyperlink is provided to the original posting/publication of the […]

If a copyright owner thinks that copyright infringement is occurring online, a DMCA takedown notice can be sent to the internet service provider(s) and web platform(s) on which the infringing content has been posted or uploaded. The purpose of the takedown notice is to prompt the service provider and/or website to take down the infringing […]

Entrepreneurs with new board games must legally protect their new invention/concept by using all of the available intellectual property mechanisms. These include copyrights, trademarks, and patents. While some intellectual property rights come into being automatically, like copyright protection, full legal protection is only accomplished through official registration with the relevant governmental office. Intellectual property protection […]

The US Supreme Court recently issued its decision in Allen v. Cooper, 140 S.Ct. 994 (March 23, 2020) holding that States are immune from copyright infringement lawsuits. Under the 11th Amendment to the US Constitution, generally, States retain their sovereign immunity and Congress has no power to override that immunity. Sovereign immunity means that a […]

Amazon retailers and other online businesses must exercise caution with respect to the text of their product descriptions in sales listings. Obviously, it is necessary to describe what products are being offered for sale (and photographs are essential, too). However, there are important copyright issues when an online business uses product descriptions that are not […]

A federal judge in Southern Florida recently dismissed a copyright infringement case involving the popular Netflix show “Narcos.” See Miami Herald report here. The case was filed by author and journalist, Virginia Vallejo. Vallejo claimed that the show’s writers and producers copied parts of her book/memoir “Loving Pablo, Hating Escobar.” In her book, Vallejo writes […]

Copyrights are among the most valuable and important types of intellectual property. A “copyright” is a property right that exists for original artistic works. Books, songs and movies are common examples of artistic works that are protected by copyright law. Generally, low-level copyright protection comes into existence when the original artistic work is completed. Among […]