Category: Copyright

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 […]

Copyrights apply to what are called “original works” and come into existence when the original work is created. Copyrights are protected at common law, by state law, and by the federal Copyright Act of 1976. See 17 U.S.C. §101 et seq. Copyrights are potentially quite valuable to an author or business. Examples include the royalty […]

  Recently, Mercedes-Benz created a controversy by photographing its new luxury G-Class SUV vehicle in front of famous street murals created by artists in Detroit. Mercedes-Benz posted several of the photos on Instagram as part of a marketing campaign without the consent of the artists and without compensating them. The photos depicted buildings and murals […]

Sued for Copyright Infringement? Three Questions to Ask Immediately Does the Plaintiff Have a Copyright Registration and When Did it Issue? When Did the Alleged Infringement Occur? Worst Case Scenario, What Kind of Damages Are Reasonably on the Table? If you do not regularly get angry letters from attorneys, reading one that accuses you of […]

Consider the following scenario: You’re a successful business owner, and you have a customer base that’s expanding daily. Recently, you decided it’s time to start a website to continue growing your business, but when you try to register your trademark as your domain name, you find out someone else already owns it. Without warning, you […]

What You Should Know About the EU Copyright Directive In February 2019, the European Union finalized its proposal for reforming its copyright laws, titled “Directive on Copyright Law in the Digital Single Market.” If passed, this EU directive on copyrights could have far-reaching consequences for online service providers and managers of online communities.

FOUR FACTORS OF FAIR USE Copyright law states that at least four factors should be taken into should be taken into consideration when determining fair use: Being sued for copyright infringement can be a serious matter. Civil statutory damages can be as high as $150,000 per infringement if you are found liable for copying someone […]