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Copyright designs found weak when derived from common ideas

Mark Sableman March 26, 2018
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Copyright - intellectual property law, protects original works of authorship, but does this included an artistic concept or idea? Can copyright infringement included artistic concepts? READ MORE

Can embedding a tweet make you a copyright infringer?

Mike Nepple Mark Sableman March 19, 2018

A federal judge in New York recently held that online publishers who embed tweets that include copyrighted photographs violate the rights holder’s public display right, even if they do not copy or store the photo on their servers. That decision has received a lot of publicity. But other courts view the issue differently. READ MORE

Enforce your repeat infringer policy

Mike Nepple February 13, 2018

The Digital Millennium Copyright Act (DMCA) sets up safe harbors so that service providers generally aren’t liable for their customers’ infringements, but the safe harbor provisions require providers to cut off repeat infringers. The responsibility falls on the Internet service providers to not only enact a repeat infringer policy but they must also enforce their policy. The Fourth Circuit Court of Appeals so held in a lawsuit brought by BMG Rights Management (US), LLC against Cox Communications, Inc. READ MORE

The Grinch loses and protection of parody wins

September 21, 2017

The Judge found it “virtually” impossible consumers would see the play rather than reading the original book or see the 2000 film based on the book. He found it more likely the play will increase interest in Grinch. READ MORE

All infringements aren’t equal

Mark Sableman June 6, 2017
In Focus_default blog

Results in two recent cases suggest that circumstances have significant effects on damages and attorneys’ fee awards. READ MORE