Protecting Intellectual Property Abroad
Margaret M. Gatti of Gatti & Associates
Intellectual property is afforded a wide range of protection mechanisms in the United States, including patents, tr.
Copyright Term Extension is Constitutional
Janet Fries and Michael J. Remington of Drinker Biddle & Reath LLP
Publishers, film producers, artists, authors, musicians and their heirs, as well as corporate owners of copyrights are applauding the recent decision that the 1998 Copyright Term Extension Act (CTEA) is a valid law.
Omnibus IP Legislation Dies with Adjournment of 104th Congress
Dykema Gossett PLLC
The latter portion of 1996 brought with it the possibility of sweeping reforms at the United States Patent and Trad.
Litigation ? Intellectual Property
Albert Chang and Kevin Sartorio of Gowling Lafleur Henderson LLP
The year 2004 was a noteworthy one in Canadian intellectual property ("IP") litigation, with several developments to report in respect to both law and practice. The majority of IP disputes continue to be litigated within Canada 's federal court, which enjoys concurrent jurisdiction with the provincial superior courts over causes of action based on the federal Copyright Act, Patent Act and Trade-marks Act.
Courtroom Conflicts Abound Over Copyrights, Trade Secrets and Patents
Thomas D. MacBlain of Gallagher & Kennedy, P.A.
The importance and diversity of issues (and even the fun) of intellectual property law are exemplified in a number .
Current Copyright Issues
Whitham, Curtis, Christofferson & Cook, P.C.
A copyright protects only original works of "authorship" included in the following seven categories .
Supreme Court will Analyze Reach of Copyright Owner's Importation Right -- The Return of the Native Product
Elliott C. Alderman of The Alderman Law Office
At the moment of creation and fixation of its work, a domestic copyright owner has exclusive worldwide rights to it.
An Introduction to the .com Phenomenon
Warren E. Agin of Swiggart & Agin, LLC
The late 1990's were generally an unhappy time for bankruptcy attorneys. A strong economy and expanding financial markets greatly reduced the number of business bankruptcies filed. Chapter 11 business bankruptcy filings dropped from 13,379 cases in the year ending September 1994 to 7,953 cases during the year ending June 1999. This change coincides with an incredible expansion of the information technology (IT) industry, resulting, in large part, from the Internet's integration into U.S. society and business.
An Introduction To Copyrights
Patricia S. Rogowski of Connolly Bove Lodge & Hutz LLP
The United States Constitution grants Congress the power to protect copyrights.
What is Intellectual Property?: Copyright and the Public Domain
Judith A. Silver of Coollawyer.com
Intellectual Property is the group of legal rights in things that people create or invent. Intellectual property rights include patent, copyright, trademark and trade secret rights. In Europe and some other countries, "moral rights", which are rights of the artist not to have her work greatly altered, are also included.
Complying With Your Own Copyright?
Glenn E. Braswell of Grad, Logan & Klewans, P.C.
Associations regularly create copyrighted matters as a part of their menu of products and services. Oftentimes, how.
Intellectual Property Protection
Richard L. Kirkpatrick and Laura C. Gustafson of Pillsbury Winthrop Shaw Pittman LLP
Court Delivers Bitter Result to Coffee Company in Right of Publicity Case
Howard R. Weingrad and Sara L. Edelman of Davis & Gilbert LLP
On January 27, 2005, a California jury awarded $15.6 million to a former model whose picture was used without his permission on Taster's Choice coffee product labels. This is an important development for any company dealing with rights and clearances, and serves as an important warning as to the substantial damages a defendant faces if the appropriate permission is not obtained.
Uncertainty About Perfection Of Security Interest in a Copyright Or--Better Safe Than Sorry
Sylvia M. Baker of Weil, Gotshal & Manges LLP
This article reviews the World Aerotechnology Corporation v. Silicon Valley Bank decision whereby the Northern District of California recently held that a creditor should file a financing statement as required by the California's UCC code in order to protect his or her interest.
Questions Frequently Asked In The Copyright Office Public Information Section
Library of Congress Copyright Office O. R. Material
This document contains answers to frequently asked questions about copyright protection.
Copyright Overview
Intellectual Property Law Group
Copyright protects "original works of authorship" that are fixed in a tangible form of expression.
Inventory and Accounts Financing of Manufacturers
Jeffrey S. Turner of Brobeck Phleger & Harrison LLP
This article briefly will explore the implications of these decisions for inventory and account lenders to manufacturers, and will suggest steps that may be taken to ensure fully perfected, non-avoidable security interests in labeled inventory of a manufacturer, and its proceeds, including accounts.
Questions and Answers
First, you want to be sure that the person placing the ad owns the copyright on the advertisement.
Copyright Registration Procedures
Library of Congress Copyright Office O. R. Material
This page provides a list of links to procedures for filing for different kinds of copyright protection.
System Operator Liability: What Have We Learned?
Eric Goldman of Cooley Godward Kronish LLP
This article focuses on some of the conclusions reached and issues remaining with respect to systems operators liability for the statements and actions of third parties.
Credit Arrangements and Loan Syndications
Sherri L. Snelson and Brian D Murphy of McGuireWoods LLP
This article examines using copyright protection as collateral. The article lays out issues companies should look at when deciding whether or not to employ such practices.
Disguising a TV Sitcom
Eric J. Swetsky of Eric J. Swetsky, Barrister & Solicitor
Quebec TV show loses copyright fight Quebec television airs a very popular situation comedy, "La Petite Vie."
The Growth of Canadian Intellectual Property Law and Practice
of Gowling Lafleur Henderson LLP
The year 2004 was a noteworthy one in Canadian intellectual property ("IP") litigation, with several developments to report in respect to both law and practice. The majority of IP disputes continue to be litigated within Canada's federal court, which enjoys concurrent jurisdiction with the provincial superior courts over causes of action based on the federal Copyright Act, Patent Act and Trade-marks Act. The federal court is perceived as having superior experience in IP matters. The provincial courts maintain exclusive jurisdiction over causes of action that are founded solely on the common law.
The Basics of Copyright Law
Ann Dunn Wessberg of Faegre & Benson LLP
This article reviews some basic information about copyright law.
Judician Strategies for Resolving IP Cases Without Trial: Early Neutral Evaluation
Pillsbury Winthrop Shaw Pittman LLP
Early Neutral Evaluation, or ENE, is a new and increasingly accepted tool used by federal courts to enhance case m.
Strategic Considerations In U.S. Copyright Litigation
Margaret C. McHugh and William T. Gallagher of Townsend and Townsend and Crew LLP
Copyrights can be among a company's most valuable intellectual property assets. In order to realize the benefits of these assets, a copyright owner must make intelligent choices as to how best to protect and enforce copyrights against potential infringers. And parties who are accused of copyright infringement need to know the nature and scope of defenses available to them.
The Public Domain and the Impact of New Legislation--Advantages of Copyright Registration
Lloyd L. Rich of The Law Office of Lloyd L. Rich
When a creative work has been registered with the Copyright Office, it entitles the owner of the copyright to 1) immediately proceed with a copyright infringement lawsuit if such an infringement occurs 2) receive "statutory damages" and "legal costs and attorneys? fees from a copyright infringer 3) prove conclusively the ownership and originality of the registered work.
Authors' Claims for Reverse Passing Off Under the Lanham Act after Dastar Corp. v. Twentieth Century Fox Film Corp.
Patchen M. Haggerty of Schwabe, Williamson & Wyatt
This article analyzes whether the Supreme Court intended its recent decision in Dastar Corp. v. Twentieth Century Fox Film Corp. to preclude a Reverse Passing Off claim under Section 43(a) of the Lanham Act by an author for misattribution of the protected and copyrightable elements of the author's work.
Are Punitive Damages Available Under the Copyright Act
Marc J. Rachman,Sara L. Edelman and David S. Greenberg of Davis & Gilbert LLP
Given the Copyright Act?s express enumeration of available remedies under the Act and its silence with respect to punitive damages, one would think that a copyright owner is barred from seeking punitive damages when bringing a claim for copyright infringement. Several recent decisions in the Southern District of New York, however, have allowed punitive damages claims to proceed. This article will discuss the traditional view that punitive damages are not available under the Copyright Act, and will explore recent decisions indicating that such damages might be recoverable under certain circumstances. This article will then discuss the implications for both plaintiffs and defendants, and will finally argue that punitive damages should not be available in copyright actions.
Photocopying and Copyright Law
Goldsmith Law Firm
The Copyright Act gives the owner of copyrighted material the right to control its duplication and distribution .
Inducing Infringement of Copyrights Act of 2004: FindLaw Interview with John Hughes and Jennifer M. Rich of Townsend and Townsend and Crew LLP
Jiminy C Twu of FindLaw M V
John Hughes is a partner at Townsend and Townsend and Crew LLP's San Francisco office. His practice focuses upon trademark and copyright law for both domestic and foreign clients. Jennifer M. Rich is an associate at Townsend and Townsend and Crew LLP's San Francisco office. Her practice includes trademark and copyright counseling, prosecution, technology licensing, and litigation. They spoke to Jim Twu at FindLaw about the recently introduced Inducing Infringement of Copyrights Act of 2004.
Intellectual Property: Overview of Patents and Copyrights
Momkus McCluskey, LLC
Patents A patent for an invention is a grant of a property right by the Government to the inventor (or his or her .
Protecting An Idea
Law Office of Mathew R. P. Perrone, Jr.
Depending on the type of idea a person has, there are certain types of protection that the Federal and state law.
Protection of Fictional Characters
Lloyd L. Rich of The Law Office of Lloyd L. Rich
This article focuses on the protection available for a "fictional" or "literary" character who is first represented by a "word portrait" and then possibly at some later date by a graphic representation.
The Infringer's Complaint: Responding To Indemnity And Contribution Claims Asserted By Federal Copyright And Trademark Infringers
Mark K. Slater and H. Young Shin of Sheppard Mullin Richter & Hampton LLP
This article provides a focused discussion on Copyright and Trademark law whereby the Federal courts do not allow new rights to be superimposed on a comprehensive statutory scheme, effectively barring indemnity and contribution claims in such cases.
How to Prevent Infringing Goods from Entering the United States
Buchanan Ingersoll & Rooney PC
Small and medium sized business owners must often decide how much time and money should be devoted to protecting t.
The Fundamentals of Copyright Law, Publishing Contracts, and Author Representation
Charles A. Armgardt of Modrall Sperling
This article discusses one of the most important monopoly rights in society todayÃÂthe right of authors to control, for a limited time, the ability to make and sell copies of certain literary or artistic productions. It also highlights the topics an author should consider when entering a contract for the publication of a work, and finally, the representation of authors by agents and attorneys.
First Amendment Challenges to Copyright Laws: Kahle v. Gonzales and Golan v. Gonzales
David S. Olson* of The Federalist Society
There has been an attempt in the last few years to reverse some of the territorial creep of copyright law that has occurred in recent decades. These challenges have sought to undo copyright term extensions, increase the purview of fair use exceptions, and, in the cases discussed below, to constrict Congress's ability to expand copyright protections by use of First Amendment arguments.
Copyright Law
Mark F. Radcliffe and Diane Brinson of DLA Piper LLP (US)
Copyright law in the U.S. is based on the Copyright Act of 1976, a federal statute that went into effect on January 1, 1978. We'll refer to this statute throughout the book as the Copyright Act. States cannot enact their own laws to protect the same rights as the rights provided by the Copyright Act. For example, a state cannot pass a law to extend copyright protection on works in the state beyond the term of protection given by the Copyright Act. State "copyright" laws exist, but they are limited to works that cannot be protected under federal copyright law.
LLP: Owner vs. Architect: Who Owns the Design?
Mary Cullen Yeager and Katherine A. Golden of Faegre & Benson LLP
Both the copyright laws and the AIA Owner-Architect Agreement, B141-1997, provide significant protections to the author of an architectural work. Owners would be wise to negotiate alternative language that provides for the transfer of ownership of the documents and the copyright to the owner, or at least expands upon the license for use provided for in the contract.
Copyright Basics
Library of Congress Copyright Office O. R. Material
This guide answers frequently asked questions about copyright protection including what a copyright is, who can claim copyright protection and what works are protected.
Compaq vs. Ergonome, Brown, & Mowrey
Michael Sutton of Locke Lord Bissell & Liddell LLP
On April 1, 2002, the Court entered an Amended Final Judgment, in which Compaq (the accused copyright infringer) was awarded $2,765,026.90 in attorney's fees, the largest attorneys fees award ever in a copyright case. It was, however, far from being just a copyright case. It included other claims against Compaq, including unfair competition, misappropriation, unjust enrichment, quantum meruit and fraud, all of which were either dropped by the Defendants before trial or dismissed on summary judgment.