Intellectual Property

An interesting copyright case came across my desk recently that I need to stress is probably quite wrong and likely to get overturned on appeal. But nonetheless, the case presented the issue related to copyright and Fair Use. As background, whenever a claim of copyright...

One of my clients Colleen Gratzer hosts a podcast called Design Domination. Colleen asked me to help explain some legal matters related to design and the creative business. You can listen to our conversation or read the transcript (if that is your thing). Also, if you are in the...

In a strong opinion, the United States Court of Appeals for the Second Circuit ruled that the Google Books project enjoys fair use protection of it work under the Copyright Action Sec. 107.  You can read the opinion here (pdf). The Court's opinion, drafted by Judge Pierre...

Last time, I talked about the basics of the work for hire doctrine. For creative professionals, freelancers, and businesses providing creative services, understanding the boundaries of Work for Hire is critical so as not to throw away important rights or claim rights that don't exist....

Working with creative professionals provides deep satisfaction for me. However, some creative professionals have a difficult time with what their rights are to the work they perform on behalf of clients. I have seen some professionals who simply give their rights away without considering the...

Last week I attended the American Bar Association Spring Intellectual Property Meeting in Rockville, MD. There was only one session, which shall not be named, that didn't get me jazzed about intellectual property work. Needless to say, I had a great time and I learned...

Talk to any marketing professional and they will tell you that your business needs a website (advice that I concur with). But what is the primary risk of a website? False advertising?  Nope. Misspellings and other typos?  Unfortunate, but not a major risk. Poor domain name selection?  Not even...