Most companies understand they should obtain a license before using a photograph in an advertising campaign or on printed materials. And yet companies may not think twice about embedding images from a tweet or social media post into the company’s own social media feed or website. But embedder beware. A federal judge in the U.S. … Continue Reading
The U.S. Copyright Office has imposed new requirements on service providers in order to maintain safe harbor protection under the Digital Millennium Copyright Act (“DMCA”). Service providers who don’t meet these requirements will lose the safe harbor protections afforded by the DMCA. The deadline to comply with these requirements is December 31, 2017. DMCA and … Continue Reading
The overall design (such as the shape and cut) of a garment, bag or shoe is not protectable under current U.S. Copyright law because such items are considered “useful articles.” However, Section 101 of the Copyright Act provides protection for the “pictorial, graphic or sculptural features [of a useful article] that can be identified separately … Continue Reading
In working with brand owners large and small, I find a surprising number of instances where independent contractors are hired to create content without a proper work for hire or other agreement to protect the company. In the rush to complete projects, get product to market and move on to the next task, even sophisticated … Continue Reading
Just when you thought domain name enforcement couldn’t get more expensive, ICANN presents: the New gTLDs! Starting January 12, 2012, ICANN began accepting applications for new generic top level domain ("gTLD") names, only now some will not be so "generic." In addition to the gTLDs we are familiar with, such as .com, .org, .net, and … Continue Reading
