Copyright Litigation

Wake Up & Ball LLC v. Sony Music Entertainment Inc. copyright case brief

Jan 4th, 2018 | By
music infringement attorney

Copyright Case Brief:  Wake Up & Ball LLC v. Sony Music Entertainment Inc., 119 F. Supp. 3d 944 (D. Ariz. 2015) Summary Plaintiff Wake-Up’s complaint sufficiently pled copyright infringement and fraud against the respective defendants, but the issue of whether the Court has personal jurisdiction must be further briefed. Facts Plaintiff Wake Up and Ball,

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The “Batmobile” federal copyright infringement case

Jan 4th, 2018 | By
copyright characters DC comics

Copyright Case Brief:  DC Comics v. Towle, 802 F.3d 1012 (9th Cir. 2015) – The Batmobile case!!! Summary Defendant Mark Towle infringed DC Comics copyright in the Batmobile character when he produced and sold replicas of the Batmobile. Facts Plaintiff DC Comics is the publisher and copyright owner of the comic books featuring the story

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Copyright pleading tips to avoid Rule 12(b) motions to dismiss

Dec 27th, 2017 | By
federal court litigation tips

Copyright Case Brief: Clifton v. Houghton Mifflin Harcourt Publ’g Co., 152 F. Supp. 3d 1221 (N.D. Cal. 2015) – Avoiding conclusory allegations in your complaint. Summary The professional photographers allegations “made on information and belief” met the plausibility standard because his general allegations put the publishing company on notice of how it infringed the copyrights,

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Filing a copyright lawsuit without first registering your copyright risks FRCP 12(b) dismissal

Dec 27th, 2017 | By
infringement attorney

Copyright Case Brief – Frazier v. Capitol CMG Publ’g, No. 3:14-CV-02310 (M.D. Tenn. Dec. 7, 2015) Summary The Court did have subject matter jurisdiction because, despite the claims being centered around breach of contract, Plaintiff did sufficiently plead a copyright infringement claim against Defendants for taking royalties, which was not part of the publishing agreement.

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Wallert v. Atlan – music infringement case brief

Dec 11th, 2017 | By
Los angeles music lawyer

Music Infringement Lawyer – Case Briefs dealing with copyright infringement Case:  Wallert v. Atlan (S.D.N.Y. October 26, 2015),   Court: Southern District New York SUMMARY: This case involves claims of copyright infringement of a musical work and breach of a contract providing for licensing royalties relating to that work. FACTS: Plaintiff Charles Wallert (“Wallert”) alleges that

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Extrinsic test for considering whether two objects/toys are substantially similar

Nov 23rd, 2017 | By
toy IP attorney

Hoberman Designs, Inc. v. Gloworks Imports, Inc., 2015 WL 10015261, (C.D. Cal. 2015).  United States District Court Central District of California.   SUMMARY: This case questions the copyrightability of geometric plastic toys that expand and contract through a series of joints and trusses.  This case comes from the California Central District Court (covering Orange County and

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What happens if the Federal Government infringes your copyright?

Nov 11th, 2017 | By
what is 28 u.s.c 1498

Copyright Infringement Lawyer –  Claims against the Government – Court of Federal Claims [28 U.S.C. 1498]  Introduction This blog discusses “The People’s Court” (the Court of Federal Claims) and what your legal options may be when the federal government or their agents infringe on your copyrights.   You may have a claim under Copyright Section 1498(b).  This

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Cases We’re Working On

Oct 23rd, 2017 | By
software and copyright cases we are working on

PIPELINE REPORT – Sample cases we are currently handling, considered taking, consulted on, or recently closed Sample cases SPLA audit – closed BSA software audit (multiple cases) Autodesk software license audit (multiple cases) TV signal piracy case with Arizona sports bar (Settled) Cal. Right of Publicity case under California Civil Code 3344 (athlete rights infringement

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Copyright Watchdog – Did you receive a photo infringement demand letter from Higbee & Associates?

Sep 20th, 2017 | By
image copyright lawyer

Photo Infringement – Using a Copyrighted Image on your website without a license can be COSTLY!  Introduction If you received a photo infringement letter from companies such as Artist Defense, Masterfile, Getty Images, BWP Media, Sanders Law PLLC, or Higbee & Associates this blog will hopefully prove helpful.  We can help individuals who receive cease and

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“Live Face on Web” Lawsuits

Sep 20th, 2017 | By
Copyright lawyer Live Person web software

Copyright Watchdog – LIVE FACE ON WEB, LLC, Plaintiff, vs. DARYL LOFTON AGENCY, LLC And DARYL W. LOFTON, SR., Defendants.  [Case: 3:17-cv-00169-NBB-RP] Introduction This is a case involving technology alleged to be infringing.  If you are faced with responding to a federal court lawsuit contact us to discuss your case. Sample allegations from one complaint

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Star Fabrics Lawsuits being filed in California Central District Court

Sep 19th, 2017 | By
California fashion attorney

Copyright Watchdog – STAR FABRICS, INC., a California Corporation, Plaintiff, v. LOUISE PARIS, LTD., a New York Corporation; RAINBOW USA INC., a Delaware corporation; and DOES 1 through 10, Defendants Introduction This blog discusses Star Fabric lawsuits currently being filed by Doniger Burroughs APC law firm in Venice, California.  If you received a summons and complaint

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How to handle image infringement cases – Masterfile v. Country Cycling case overview.

Sep 18th, 2017 | By
extortion letters

Copyright Watchdog – Masterfile Corporation v. Country Cycling & Hiking Tours By Brooks, Inc. – New York Federal Court. Photo infringement at issue. VIDEO:  Before you read about the case, you may want to watch this video on copyright infringement damages.  Make sure to subscribe to our channel which now has over 4,200 subscribers. Introduction

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Dish Network v. ZemTV

Sep 17th, 2017 | By
streaming TV piracy defense

Copyright Watchdog – Dish Network Lawsuit Overview Introduction Here is the recent case that is grabbing a lot of headlines in the area of streaming TV law. Case allegations According to the lawsuit filed in the Southern District of Texas (Houston Division): “DISH is the fourth largest pay-television provider in the United States and delivers

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Karaoke Music Piracy? Yes, it happens and it can be costly.

Sep 10th, 2017 | By
music infringement lawyer

Has your bar, tavern restaurant or nightclub get hit with an infringement letter regarding karaoke piracy? Yes, it does happen Introduction Here is an interesting case I came across which I thought was blog-worthy.  If you own a night club or bar/restaurant that offers karaoke, you need to make sure you have the property music

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Destruction of historical civil war statutes may raise monetary claims under VARA

Aug 20th, 2017 | By
visual rights of artist under Copyright law

Copyright Law in the midst of a Culture War – Potential Legal Implications of Tearing Down Civil War and other Statutes Introduction As the “new” society (i.e. Millennials, BLM, Antifa and others) seek to destroy vestiges of the “old” society (i.e. to tear down statutes that offend their sense of history and upset their sensibilities)

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The Eagles “No photo” Policy – give me a break.

Aug 3rd, 2017 | By
prohibiting photos at concert or theater

IP thought of the day – Is it legal to prohibit taking photos at a baseball game or concert? Introduction I recently attended the “Classics” concert at Dodger Stadium in Los Angeles.  Two of the headline bands were Fleetwood Mac and the Eagles.  This blog concerns the Eagles “no photos” policy and whether that is

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Architect sues builder for copyright infringement of designs – 3.2 million award insurer must defend

Jul 25th, 2017 | By
design plans copyright

Copyright Infringement Indemnification – Mid Continent Casualty Company vs. Kipp Flores Architects.   Introduction Our firm can help Plaintiff’s and Defendants in copyright infringement matters.  In some cases, insurance may have to pick up the tab for wrongful conduct where an “advertising injury” is involved.  But just what does that mean?  This blog deals with

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Reserving the right to sue the informant in BSA software settlements

Jul 25th, 2017 | By
autodesk audit atty

BSA software alliance – audit essentials [third party liability]  Introduction Every now and again in a software audit defense case we come across a case where a company that was subject to the audit put into a position where they are asked to pay a large settlement for what amount to acts of corporate sabotage

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How to handle a photography infringement demand letter

Jul 14th, 2017 | By
photo infringement lawyer

Photo Infringement Basics – Negotiation tips from Attorney Steve® the Copyright lawyer! Introduction This blog is for companies and their webmasters and social media marketing companies.  It deals with a general strategy for handling photo infringement letters.  This blog is not legal advice or a substitute for legal advice.  This is general information only.  If

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Artist Defense Photo Copyright overview

Jul 7th, 2017 | By
copyright photo attorney

Photo Infringement Lawyer – The high cost of using unlicensed photos on your website, blog or social media accounts. Introduction If you are located in the United States (including Alaska and Hawaii) and you receive a notice of copyright infringement from a photo rights agency such as Getty Images or Artist Defense this blog will

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Photo Infringement Lawsuit hits Trump Organization

Jul 6th, 2017 | By
photo infringement law firm

Photo Infringement Lawyer discusses Trump Organization Copyright Infringement Lawsuit VIDEO:  Attorney Steve talks copyright infringement damages.  Make sure to SUBSCRIBE to our IP law channel.  We are approaching 4,000 subscribers.  Thanks for all your support!  Just Click on the Red “V” when the video starts.  Introduction Donald Trump Organization is creating legal news once again. 

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INTERNET WARNING: Man shares Deadpool movie on facebook, ends up with criminal charges!

Jun 30th, 2017 | By
streaming video atty

Illegal movie sharing on the internet through torrents, streaming and facebook posting! Introduction This blog is a public notice and warning to be careful before sharing books, movies, software, and other digital content online.  While it may seem like a totally innocent act, as this blog notes, it could also lead to very serious legal

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The Alliance for Creativity and Entertainment (“ACE”) launches anti-piracy initiative

Jun 15th, 2017 | By
MPAA infringement notice

Call us if you received a copyright infringement notice, cease and desist demand, takedown letter, federal lawsuit or subpoena.    Introduction This blog discusses a new anti-piracy alliance that has formed by thirty of the leading entertainment companies to try to curb illegal download and distribution of copyrighted content.  The Alliance for Creativity and Entertainment

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Autodesk files copyright infringement lawsuit in federal court in Texas

Jun 13th, 2017 | By
got letter from autodesk

COPYRIGHT WATCHDOG [U.S. District Court – Western District of Texas (Austin) – CIVIL CASE #: 1:17-cv-00018-SS] Introduction Some of my software audit clients (BSA and Autodesk) ask me: “Does Autodesk ever file lawsuits for copyright infringement?”  The straight answer is yes, they have.  This blog discusses one such case where a lawsuit was filed in federal court

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Critical information if you received a Stella and Dot Copyright infringement letter

Jun 9th, 2017 | By
Stella and ot demand letter

Copyright Infringement – Jewelry Designs [Dealing with Stella and Dot Demand Letters] Introduction Selling jewelry is a multi million if not billion dollar business.  Men and women are purchasing jewelry at very high levels. Moreover, the business of jewelry is booming with many people starting their creative businesses out of their homes, garages and small

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Autodesk vs. Flores case brief (Default judgement for copyright infringement)

Apr 12th, 2017 | By
DMCA software infringement attorney

Autodesk lawsuits – Case brief (selling unauthorized software on ebay or Craigslist can lead to legal problems)  Introduction This blog discusses the case of Autodesk, Inc. v. Flores, No. 10-CV-01917-LHK, 2011 WL 337836 (N.D. Cal. Jan. 31, 2011).  Thing is case deals with alleged copyright infringement of Autodesk software, and a default judgement that was taken

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U.S. Supreme Court Says Cheerleader Uniforms Copyrightable

Mar 22nd, 2017 | By
Can you copyright a cheer outfit

Copyright Law 2017 Updates – Decorative Elements of Cheerleading Uniforms can be subject to copyright protection!  Give me a V-I-C-T-O-R-Y! Introduction A recent big win for Varsity Brands, Inc. (“Varsity”) one of the country’s largest suppliers of cheerleading uniforms.   By a 6-2 vote of the US Supreme Court Justices Varsity’s competitor – Star Athletica

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Did Trump sue Alec Baldwin for $445 billion for Copyright Infringement?

Jan 28th, 2017 | By

Copyright Watchdog – President Trumps shows litigious side over Baldwin Comedy Sketch – NOT!!! Here is a link to one story about Trump suing Baldwin I saw online.  When you read some of the viewer comments, it appears many people believe the story.  This is why it is important to always check the source and

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Harry Houdini copyright trick!

Jan 14th, 2017 | By
Harry Houdini Copyright Story

Copyright protection can provide valuable benefits – the Harry Houdini Story Introduction One of the greatest magicians of all time was Harry Houdini.  This blog discusses how once upon a time he used the copyright laws to keep others from trying to profit off his intellectual property. Who was Harry Houdini? According to wikipedia: Harry

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Linda’s Lyrics “Dash Poem” Copyright Infringement, seriously? Yep.

Jan 7th, 2017 | By
Dash poem infringement atty

Copyright Infringement Basics – Poetry and Poem cases filed by Lynda’s Lyrics, LLC Introduction I have to admit I got a kick out of reviewing these “Dash Poem” lawsuits.  Here is the general gist of it, this gal writes a (pretty cool poem known as the “Dash”).  Basically its a poem about how you are

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Is the “fully loaded” Kodi application with firestick legal to watch movies, sports, PPV?

Dec 21st, 2016 | By
streaming video lawyer

Streaming Movies can lead to claims of federal copyright infringement Introduction What is this Kodi box application (formerly XBox Media Centra – “XBMC”)?  It’s like a killer media organization platform that allows you to gain access to all kinds of TV shows, sports pay per view, and movies but is it legal?  This blog discusses

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Being sued by National Photo Group, LLC or BWP Media USA?

Dec 18th, 2016 | By
Attorney for Photography infringement

Copyright Infringement Updates 2016 – Online Photo & Digital Image Infringement Law Introduction This blog discusses lawsuits filed by National Photo Group, LLC, BWP Media USA Inc., dba Pacific Coast News and FameFlynet a Plaintiff that provides “entertainment related photojournalism goods and services” including pictures of celebrities which are licensed to online and print publications.

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What is “Inducement” of Copyright Infringement?

Dec 3rd, 2016 | By
Third party liability in software copyright cases

Copyright Infringement Essentials – What you need to know about the Secondary liability Claim for “INDUCEMENT” of Copyright Infringement Introduction This blog discusses one of the third party liability grounds under the United States copyright law.  We have discussed “contributory infringement” and “vicarious infringement” on other blog posts.  These allegations can be raised in a

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Vicarious Copyright Infringement Explained

Dec 3rd, 2016 | By
liability for employees piracy

Copyright Infringement Essentials – What you need to know about “Vicarious” Infringement Introduction This blog will discuss “vicarious copyright infringement” which is sometimes alleged in a lawsuit dealing with a violation of a copyright holders legal rights whether it relates to books, video games, artist drawings, music, pirated software, architecture or other creative works of

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What is Contributory Copyright Infringement?

Dec 3rd, 2016 | By
infringement defense atty

Copyright Infringement Essentials – Understanding “Contributory Infringement” Introduction This blog discusses what you need to know about a cause of action for “contributory” copyright infringement, which in essence is a type of “aiding and abetting” of infringing software, books, movies, films, videos, jewelry, literature, poems, art, photographs or other items. What does it take to

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Fraudulent DMCA take down notices can be costly [Online Policy Group v. Deboid]

Nov 28th, 2016 | By
copyright DMCA bad faith lawyer

Digital Millenium Copyright Act Essentials – Sending fraudulent DMCA takedown notices Introduction If your company is doing business online (ex. selling software, running an eBay or Etsy store, engaged in photography or simply running your own eCommerce or streaming video / broadcasting website) and you receive a DMCA take down notice, or worse, have your

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VBConversions, LLC copyright infringement lawsuits overview

Nov 21st, 2016 | By
1201 DMCA litigation attorney

Illegal use of crack codes to get around trial software limitations can lead to DMCA and copyright infringement charges Introduction Did your company receive a infringement notice, or worse, served a federal lawsuit for using VB Conversion software?  If so, this blog may be helpful.  If you were sent a legal demand letter, infringement notice

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Hitek copyright infringement lawsuits overview

Nov 21st, 2016 | By
anti-circumvention litigation DMCA

DMCA illegal access to software programs online can cause serious legal troubles Introduction Did your company receive a infringement notice, or worse, served a federal lawsuit for using Hitek software?  If so, this blog should be helpful.  Hitek is a software company located in Santa Barbara, California.  The letter you received may have come from Law Offices of

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DMCA subpoena under 512(h) – infringers beware!

Nov 14th, 2016 | By
512(h) DMCA subpoena notice

Digital Millenium Copyright Act (DMCA) – Power of the Subpoena! Introduction If you received a subpoena notice from your ISP (internet service provider) this is an important blog.  Sometimes when you receive a notice of subpoena its because you are involved in a federal court lawsuit (ex. “John Doe” torrent file sharing lawsuit).  However, there

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Copyright ‘non-infringement’ Attorney Fees for prevailing Defendants

Nov 13th, 2016 | By
Defendant wins copyright attorney fees

Copyright Infringement Damages – Prevailing Defendant seeking its attorney fees! Introduction The Copyright Act of 1976, 17 U.S.C. § 505, provides in relevant part that in any copyright infringement action “the court may award a reasonable attorney’s fee to the prevailing party as part of the costs.”  Individuals and business owners who receive copyright infringement

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“Tattoo” Copyright Litigation, yes you heard that right!

Nov 8th, 2016 | By
body art infringement attorney

Copyright litigation updates – “You are infringing my tattoo art” Introduction Federal copyright protection, as defined by 17 U.S.C. §102(a), is available for “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid

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Statute of limitations for copyright infringement action is THREE YEARS

Nov 8th, 2016 | By
3 YEAR STATUTE OF LIMITATIONS SOFTWARE PIRACY

Copyright Infringement – Time Limits to Bring Claims Introduction For a party to bring a cause of action for federal copyright infringement, the cause of action must be brought within three years. But what does that mean?  When is the start date?  Is there “tolling”?  This blog discusses some of the topics related to this

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Do commercial crime & employee dishonesty insurance cover illegal acts of software informant?

Nov 5th, 2016 | By
dishonest employee liability

Copyright infringement damages – will your corporate insurance policy cover your losses? Introduction We have written other blogs regarding whether or not a business can recover money under their insurance policie(s) where they are subjected to paying a fine for unlicensed software on their laptops, computers and servers.  See “advertising injury” insurance blog.  This blog

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Siemens Software Lawsuits Update

Aug 23rd, 2016 | By
IP law firm for software infringement letter

Software Infringement – Siemens 2016 Updates  Introduction We are seeing more incidents of Siemens filing lawsuits against companies that are alleged to have infringed their copyrights by not paying for the proper software licenses.  This blog provides general resources and updates in this area and answers some important questions business owners have been asking us.

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Is a software audit protected by the Attorney-Client privilege?

Jul 30th, 2016 | By
software defense atty

Software Law Essentials – [protecting the audit results with the Attorney-Client privilege] Introduction Here is a question I recently received by an astute professional on LinkedIn.  He asked whether or not a company can protect the audit results via the lawyer-client “privilege” and basically wanted to know how this legal concept applies in real life.

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Can parents be held liable for their kids illegal downloading of movies, games, software, videos online?

Jul 10th, 2016 | By
DMCA ISP Lawyer

Parental Liability for Online Infringement Conduct by their Kids Introduction This is general information for persons of all ages to better understand potential legal risks of using the internet. Parents should be on notice that you might be held legally liable if your kids get caught downloading and/or sharing copyrighted media, such as adult movies, video

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SIIA software auction piracy cases

Jun 29th, 2016 | By
eBay software law

Digital Content and the Internet – Beware eBay sellers and other auction site sellers! Introduction – legal issues with knowingly selling pirated software online! Selling software on the internet is not without its risks.  There are companies that monitor these sales and are looking for infringing software, books, magazines, comics, selling academic versions of software

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Basic information when dealing with a CNC (Mastercam) software investigation

Jun 29th, 2016 | By
CNC software license attorney

Software Law Essentials – Dealing with BSA audits involving CNC Mastercam products or Ansys Demand Letters Introduction CNC makes many different software products and they have been around for a while now.  According to Wikipedia: “Founded in Massachusetts in 1983, CNC Software, Inc. is one of the oldest developers of PC-based computer-aided design / computer-aided manufacturing

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Youtube Content ID system, copyright infringement and how to strike-back!

Jun 27th, 2016 | By
Youtube copyright legal issues

Social Media Law Essentials – Youtube Copyright Strikes, Content ID and Infringement Explained Introduction Everyone knows Youtube is the greatest thing there on the web.  The ability to post, watch and share movies is nothing short of amazing.  However, there are copyright legal issues that can arise where one company claims another is infringing their

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How to handle the DMCA “Bad Faith” Bully with a 17 U.S.C. 512(f) lawsuit

Jun 22nd, 2016 | By
Lawyer for DMCA bully case

Intellectual Property Bullies can be Stopped – Here’s One Way to Do It! Introduction This blog discusses the general procedure that occurs in DMCA “take down” notice cases.  These cases can get very contentious because in many cases, people are trying to make a living by buying and selling things online, such as books, music,

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What is the Copyright Enforcement Group (CEG)?

Jun 19th, 2016 | By
Movie piracy lawyer

Copyright Law Essentials – Understanding who the CEG is. RESOURCE: Go to our Bittorrent Defense Page. Introduction As we have talked about on many other podcasts and on our Vondran Youtube Legal Channel, copyright holders are out in full force monitoring and protecting their legal rights.  They are monitoring peer-to-peer file sharing and sending out infringement

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What are the “exclusive rights” of a copyright holder under 17 U.S.C. 106?

Jun 18th, 2016 | By
Best DMCA lawyer

Copyright Law – Exclusive Rights Enjoyed by a Federal Copyright Holder! Introduction There are benefits to registering your creative works with the United States Copyright office.   17 U.S.C.. § 106 sets forth the rights a copyright holder enjoys which are some of the benefits of copyright protection.  This blog discusses these legal rights in general. §

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Legal risks of buying and selling software products online

Jun 18th, 2016 | By
Copyright infringement lawyer

Copyright Bullies & Trolls – Tales from the Trenches! Introduction – risks of buying and selling software online The variation of copyright trolls is virtually limitless.  Here is an email from another case we handled recently.  Basically, in this case our Client purchased a printer on Ebay.  The printer came with a separate piece of

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The copyright bully and extortion practices with “confidentiality” clauses

Jun 10th, 2016 | By
Copyright bully defense

Copyright Bully Nonsense – When the IP law firm crosses legal and perhaps ethical lines Introduction There is an old saying “when you are slaying the dragon try not to become the dragon.”  In civil litigation, this takes on a real life meaning from time to time.  My firm is a civil law firm.  We

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Should I respond to a copyright cease and desist letter?

May 28th, 2016 | By
cease and desist attorney

Copyright Infringement Essentials – The Demand Letter (respond or ignore)? Introduction This blog discusses general tips ever individual or business owner should keep in mind in making the TOUGH DECISION whether or not to respond to a “cease and desist” letter or a copyright infringement demand letter (what some people refer to as legal extortion). 

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Fathers & Daughters Nevada, LLC – Arizona illegal download lawyer!

May 15th, 2016 | By
P2P copyright infringement lawyer

Copyright “DOE” BitTorent lawsuits – what you need to know! Introduction This blog discusses the lawsuit filed in Arizona District Court on February 2016 alleging illegal copying, downloading and distributing of a copyrighted film.  The lawsuit was filed against 33 “DOE” defendants (which is how a Plaintiff files a lawsuit if the identity of the

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Legal issues in BUYING or SELLING software online [First Sale Doctrine]

May 9th, 2016 | By
copyright litigation attorney

Copyright Law Basics  – The First Sale Doctrine Explained!  Introduction When you buy a piece of software, do you OWN IT or are you just LICENSING IT?  This is an important question.  If you own it, you should have the legal title to it, and this would suggest that you can turn around and sell

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Sample Answer and Affirmative Defenses to Copyright Infringement Lawsuit

May 8th, 2016 | By
Best copyright lawyer

Sample Federal Court Pleadings – Northern District California Introduction If your company is sued in Federal Court by a software company (ex. in California in the Central District, Eastern or Northern District, or Southern District, or in Arizona District Court) the following is a sample of the “Answer” you would file.  Your answer would normally

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Copyright Protection for your Site Plan, Building, Engineer Drawings and other “Architectural Works”

Apr 5th, 2016 | By
Copyright infringement attorney

Legal Protection for Architectural Works and Designs? Introduction Your custom-designed dream home is uniquely yours.  The site plan, architectural drawings, and structure itself may be protected from copyright infringement by other architects, contractors, or other owners.  Even in the world of real estate, copyright protections can exist for unique works of authorship that are fixed

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Is fair use as a defense to software copyright infringement claims?

Mar 29th, 2016 | By
Copyright lawyer

Copyright Law – Computer Software Programs Introduction When the Copyright Act was initially passed in 1976, Congress surely anticipated that the “fair-use” defense should and would evolve over time to take on the new challenges of the times.  In our age, to adapt to new digital technologies, computing in the cloud and other challenges created by novel

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What is “innocent” copyright infringement?

Mar 26th, 2016 | By
BSA software defense lawyer

Copyright Law Basics – “I made an honest mistake” defense Introduction As a litigation attorney we have handled all kinds of intellectual property disputes, from trademark bully cases to software infringement disputes.  One of the main issues in copyright cases is defining whether or not there was “willful” infringement.  In many cases the business owner

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ITC Section 337 Investigations and international copyright infringement claims

Mar 17th, 2016 | By
ITC 337 lawyers

Copyright Law Basics – the ITC 337 proceedings Copyright Infringement, the ITC, and Section 337: What You Need to Know From the moment your creative expression materializes into a fixed, tangible form, copyright protection attaches.  There is actually no need to formally register your creative works, although federal registration certainly has its advantages (such as allowing

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Filing or responding to Etsy intellectual property complaints

Mar 2nd, 2016 | By
intellectual property attorney

Intellectual Property Law Firm – Online IP infringement Introduction What is Etsy?  It is a unique online marketplace where sellers can sell UNIQUE things.  According to their website: Etsy is a unique marketplace. Buyers come to Etsy to purchase items that they might not find anywhere else. Everything listed for sale on Etsy must be

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Are software piracy whistleblowers protected by the law?

Mar 1st, 2016 | By
Best Software lawyer USA

Software Piracy & Infringement Law – The Whistleblower!   Introduction One thing that tips off software publishers regarding the topic of their software being infringed is the word from the insider.  Tipsters can be many different types of persons: 1.  Current employees 2.  Ex-employees (especially those recently fired) 3.  Contractors 4.  Temporary workers 5.  Interns (both

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when does copyright software infringement become a crime?

Feb 26th, 2016 | By
17 USC 506 criminal copyright laws

Criminal Software Infringement Law – Section 506 cases Introduction Software theft is a serious issue and where a company has widespread software installs without any proofs of purchase or without significant evidence that proper licenses have been obtained (ex. a partial or total lack of a defensible position in regard to properly licensing software) the

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Can a software company obtain a preliminary injunction in an alleged software infringement case?

Feb 25th, 2016 | By
Injunctions in copyright infringement

Software infringement caselaw Introduction One question that pops up when we represent companies facing software audits is “can the software publisher shut our company down if they believe we are software pirates?”  The short answer is yes, it is possible your company could be subject to the highly publicized “software raids” and possible lawsuit seeking

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“Fair Use” Defense must be considered under new DMCA ruling

Oct 14th, 2015 | By
Lawyers for Microsoft licensing audit

Copyright holders must evaluate “fair use” defense before sending DMCA take down notices   Bonus materials:  Click on the podcast icon above to hear an episode of “Vondran Legal Hour” where Attorney Steve explains this intellectual property law concept. Introduction In the ‘good ole’ days if you (as a copyright holder, ex. author, filmmaker, photographer, software

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Is employer liable for employees copyright Infringement?

Jul 3rd, 2015 | By
Respondeat superior copyright law

Copyright Infringement Basics – Respondeat Superior Introduction Copyright infringement can be costly.  As a business owner, your primary objective is to enhance your profits in your business.  Getting hit with a federal lawsuit due to the actions of one of your employees defeats and works against you.  But under what circumstances can an employer be

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Officer & Director Liability for Software Infringement?

Jul 2nd, 2015 | By
Copyright infringement lawyers

Software Compliance Legal Issues – D & O liability Introduction One question that often pops up in a SIIA or BSA software audit is whether the officers or directors of the company will be held liable for money damages, attorney fees, or even punitive damages if a company is found to have software licensing shortages

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Can copyright infringement judgments be wiped out in bankruptcy?

Jun 13th, 2015 | By
Adversary proceeding lawyers

Intellectual Property – Discharge of Willful Copyright Infringement Claims in Bankruptcy Court Introduction Software licensing audit lawyers who handle BSA, SIIA and Autodesk audit cases, Bentley software, Corel, Rosetta Stone and other software copyright infringement cases will often use every high pressure technique known to the law to try to get a company or business

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How to copyright protect your software code or “computer programs”

Mar 22nd, 2015 | By
Copyright lawyers for Software code

Intellectual property law for software developers Introduction So you have developed the next great software for personal or business computing, entertainment, bio-med, or some other type of web-based software (SaS).  Obviously, if you are serious about your business, you will want to protect this software with federal copyright registration, or in some instances, trade secret

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Can officers and directors be held liable for software infringement?

Mar 11th, 2015 | By
Copyright Defense Lawyers

Personal civil & criminal liability in copyright software infringement cases  Introduction What happens if a company is guilty of intentional, willful and malicious copyright infringement?  Obviously the company can be sued in federal court and if illegal copying or pirated software is found a judgment can be entered.  But companies can just file for bankruptcy

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Can you recover Defendant’s profits in copyright infringement lawsuit?

Mar 9th, 2015 | By
Profits of defendant in copyright infringement cases

Copyright Litigation [Damages & Remedies – Plaintiff’s Lost Profits due to infringing uses of software, games and other digital content] Introduction A question we got recently is from a photographer who found his pictures being used on the product packaging of another company.  He asked whether or not he could seek the “profits made by

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Copyright “one satisfaction rule” explained

Feb 12th, 2015 | By
defenses to copyright infringement one satisfaction rule

Copyright Litigation Basics – Affirmative Defenses to Infringement Introduction BitTorrent mass copyright lawsuits continue to make front page news.  Companies like Malibu Media are responsible for many of the copyright infringement lawsuits being filed in the Federal Courts in the United States.  The lawsuits claim that copyright adult pornography has been illegally downloaded on social

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The Copyright “Misuse” Defense explained

Feb 7th, 2015 | By
Misuse defense under fed copyright law explained

Federal Copyright Law – Infringement Defenses Introduction When you are a Plaintiff suing for federal copyright infringement or a DMCA violation, or a Defendant seeking to defend against such a claim, one of the issues that might come up is the “Copyright Misuse Defense.”  This blog post hopes to explain this topic and define some

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Calculating damages and remedies in a copyright infringement case

Feb 7th, 2015 | By
Potential damages in copyright piracy case

Legal risks of a Copyright lawsuit – Remedies a Plaintiff may seek against an alleged infringer or software pirate! Click on the picture above to watch Attorney Steve discuss federal copyright damages.  Click on the Red “V” to subscribe to our litigation channel for FREE legal updates! Introduction This blog discusses what “remedies” a Plaintiff might

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What to do if you receive an internet porn demand letter

Nov 5th, 2014 | By
porno and movie infringement lawyer

Copyright Troll 101 – Receiving a Porn Demand Letter JUMP TO VONDRAN LEGAL HOUR PODCAST ON COPYRIGHT INFRINGEMENT IN ADULT VIDEOS Introduction We have talked so many times about the digital jungle, cyber-risk and copyright trolls.  This blog derives from the Copyright Troll variety, or should we say the dark side of the internet.  What happens

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Willful copyright infringement defined

Nov 3rd, 2014 | By
federal copyright lawyer phoenix arizona

What is the definition of “willful copyright infringement” under the Federal Copyright Laws? JUMP TO VONDRAN LEGAL HOUR PODCAST EXPLAINING DEFINITION OF WILLFUL COPYRIGHT INFRINGEMENT Introduction Whenever a company is faced with a legal demand letter (or an individual for that matter) dealing with the subject matter of federal copyright infringement due to having infringing

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What is the Digital Millennium Copyright Act?

Oct 14th, 2014 | By
copyright infringement law firm

 Digital Millenium Copyright Act (DMCA Overview) Sample DMCA takedown letter and right of publicity to Facebook PDF Introduction The DMCA is a law that basically allows a copyright holder to send a “take-down” notice to an online service provider or web host (such as eBay, or Facebook, or Youtube, Google, Pinterest) and force them to

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Common copyright infringement defenses (I have a license)

Oct 7th, 2014 | By
defenses against copyright infringement

Our law firm helps individuals and companies fight against claims, charges and allegations of federal copyright infringement.  Federal copyright law is a very powerful law for copyright holders, and lawsuits involving infringement can be some of the most damaging allegations made against you or your brand which your opponent will try to paint as a

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