Category Archives: Litigation

Stolen Photos Costs Company

Capturing just the right photograph, often is the result of countless hours of time, effort, attention, planning and preparation.  While capturing the photograph can represent countless hours, stealing the photograph off the internet takes only seconds.  In today’s digital world, … Continue reading

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The MET Announces Access to Free Images

The Metropolitan Museum announced access to nearly 400,000 images – for free. The Museum provides these images under an Open Access license for all public-domain works in the Met collection. The Creative Commons Zero (“CC0”) license allows use of the … Continue reading

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Patent Infringement

How to Stop Patent Infringement Patent Infringement refers to someone who uses, makes or sells your patented invention without permission. Typically, a patent gives the patent owner the right to obtain a license from anyone who makes, uses or sells … Continue reading

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Using copyright litigation to stop copyright infringement being stolen

One photographer, Carol Highsmith, is suing Getty Images for more than $1 billion for allegedly selling her copyrighted work to the public without permission and with incorrect attribution.  In her lawsuit, Highsmith, states that she first learned Getty was selling … Continue reading

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When a Takedown is used Wrongly

The Ninth Circuit has ruled that prior to seeking a Takedown under the DMCA, copyright holders must perform a fair-use evaluation of the alleged infringement. Failure to do so, may expose the copyright owner to damages for wrongfully seeking a … Continue reading

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Copyright Infringement Deadline

Copyright Law requires that the filing of a civil lawsuit related to copyrighted work must be “commenced within three years after the claim accrue[s].” See 17 U.S.C. 507(b). Most copyright infringement lawsuits involve actions by a defendant who has copied … Continue reading

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Fair Use and software vs. NCAA/ NFL

Last week, the 9th Circuit ruled that video game developer EA’s use of the likeness of former college athletes in its NCAA Football and NCAA Basketball video games was not protected under the First Amendment or under Copyright Law’s Fair … Continue reading

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Copyright First Sale Doctrine – Worldwide

On March 19, 2013, the Supreme Court issued the much-anticipated decision in Kirtsaeng v. John Wiley & Sons, Inc., holding 6 to 3 that Copyright First Sale Doctrine applies to “foreign-made works, and that the authorized manufacture and sale of … Continue reading

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RIAA SUPPORTS NEW ANTI-PIRACY BILL

The U.S. House of Representatives introduced new legislation, the Stop Online Piracy Act, today which is supported by the RIAA. The bill is designed to provide the Department of Justice with resources to prevent offshore “rogue” sites from offering access … Continue reading

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Trademark Infringement Litigation

There are standards that must be met for admissibility of expert testimony in trademark infringement actions. Experts may have their methods challenged before they take the stand. Expert testimony may be excluded as speculative and unreliable if an expert’s methods … Continue reading

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