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Internet Law Twists & Turns

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Are headline and title writers getting too cocky about their IP rights?

Mark Sableman July 27, 2018
group of brightly colored book covers

Websites and publishers are chasing the perfectly crafted headline that you can’t help but click, share or buy. So inevitably, the question comes up: Can you protect your headline or title as intellectual property? READ MORE

WHOIS that infringer, and how do I find him after GDPR?

Mark Sableman April 2, 2018

When a website infringed your trademark or copyright, or otherwise violated your rights, the first place you likely went was to the WHOIS database, to find out who owned and operated that website. That database has been a great tool for intellectual property owners, and others who have fought misuse of their rights on the Internet. But many parts of the WHOIS database are likely to slip out of public view. READ MORE

Copyright Office changes procedures for DMCA agent designations


Operators of websites that allow — or may allow in the future — user postings of any kind should take care to electronically register their DMCA agent, and institute proper reminder procedures so that they process the required renewal filings in the future. READ MORE

New copyright compendium provides some answers for website owners

Mark Sableman September 8, 2014
Twists_default blog

The manual, which focuses on issues that the copyright office handles in the course of processing applications for copyright registrations, is helpful on some Internet-related copyright concerns. READ MORE

Copyright and performance rights in an online video world

Mark Sableman August 27, 2014

A copyrighted work must be fixed in a tangible medium of expression, and live performances are dynamic and ephemeral, not fixed. READ MORE

Seventh Circuit says Sherlock Holmes is still copyright-free

Mark Sableman June 24, 2014
Twists_default blog

The decision includes a strong warning that extending copyright protection as requested by the Doyle estate would be a “two-edged sword,” because it would reduce the incentive of subsequent authors to create derivative works, increase the costs of new authorship, and incentivize successful authors to extend old characters rather than create stories with entirely new characters. READ MORE

Sherlock Holmes and the case of the split copyright personality

Mark Sableman January 28, 2014

In the eyes of the law, Sherlock Holmes resides not so much on Baker Street as in two different copyright worlds. Four novels and 46 short stories are currently in the public domain. But 10 short stories are still under copyright protection. So what does that make Sherlock? READ MORE