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Intellectual Property Law

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Timely copyright registration of a work provides the copyright holder with a number of legal advantages. The copyright itself is not created by the registation — indeed, the copyright exists as soon as you write an article or snap a photograph — but registration provides a number of benefits.

A denial of access to records under New York’s FOIL can be challenged in court — and the individual seeking records may be awarded attorney’s fees from the government if they prevail.

A federal court in Nevada has tossed out one of Righthaven’s many copyright infringement lawsuits ruling that the company lacked standing to even bring the suit. The court stated that the company was not a legal or beneficial owner of the relevant rights despite an agreement between parties which purported to make Righthaven a legal owner.

Righthaven has made a controversial business of pursuing copyright claims, but questions are arising about whether they have the rights to do so. Read the article on CBS Money Watch

Posted April 19, 2011 | In Intellectual Property Law, Publishing | Permalink

The federal Transportation Security Administration withdrew a subpoena intended to force a journalist to reveal his confidential source for an internal security directive, two days after an agent showed up at the journalist’s home demanding the information.

The effective date of a U.S. copyright registration is the date the U.S. Copyright Office receives all the required elements in acceptable form regardless of how long it then takes to process the application and mail the certificate of registration.

The Authors Guild anounced today the settlement of Authors Guild v. Google.

Posted October 28, 2008 | In Intellectual Property Law, Publishing | Permalink

Copyrights can now be registered electronically with the U.S. Copyright Office using the Office’s “eCO” system. ECo has a lower filing fee ($35 for a basic claim verus $45) and permits claims tracking. ECO allows registrants to upload deposits in an array of text, video, image and audio file types. The Copright Office also promises faster processing of eCO.

Posted October 01, 2008 | In Intellectual Property Law, Copyright How-To | Permalink

The House of Representatives has passed a good bill that would prevent American courts from enforcing libel judgments obtained in foreign countries if those countries provide less free speech protection than the United States does.

Posted September 30, 2008 | In Intellectual Property Law, Defamation, Publishing | Permalink

The New York State Court of Appeals dismissed a libel case against an independent newspaper — in which the plaintiff had already been awarded a substantial damages verdict at trial — because the statements made were merely opinion.

Posted August 10, 2008 | In Intellectual Property Law, Defamation | Permalink

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