Posts Categorized: Copyrights

Overview of Intellectual Property Law for Architects: Copyrights

Written by Brandon Zuniga This article is part of a series of articles addressing intellectual property law for architects. Intellectual property law encompasses copyrights, trademarks, trade secrets and patents. This particular article focuses on basic copyright law and copyrights for architects. Definition of Copyright Generally, an original work fixed in a tangible medium of expression… Read more »

Protecting your Business: Copyright vs. Trademark

Have you ever wondered about the difference between copyrights and trademarks?  Do you have a great product and wonder if you can do more to protect it from competitors?  If so, this short and sweet article is for you. First, let’s look at copyrights.  The basic rule is fairly simple: to be copyrightable, a work… Read more »

Copyright: Still Relevant after 500 Years

Copyright is used to protect original works of authorship that are fixed in a tangible medium of expression.  It is a useful tool to prevent the copying of books, software, and other valuable creative and useful works.  It was developed almost 500 years ago largely in response to the invention of the printing press in… Read more »

IP Trends We’ll Be Following in the Coming Year

As we transition in to a new year, we re-focus our efforts in certain trends in the area of intellectual property law.  Four trends are briefly discussed below. Data Privacy and Protection Big Data Growth and Use Post-Grant Patent Review via IPR Patent Subject Matter Eligibility after Alice Corp. v. CLS Bank  Data Privacy and… Read more »

Copyright Law

The Transmit Clause gives copyright holders the exclusive right to transmit or otherwise perform a copyrighted work to the public by means of a device or process.

Use Unlicensed Music in Wedding Films at Your Peril

by Vincent J. Allen

Quantum leaps have been made in both the quality and popularity of wedding films over the past 10 years. The advances are a result of technology improvements in post-production editing systems and the introduction of low profile cameras that rival the production quality of movie sets. Most recently, the availability of relatively low cost DSLR cameras has added a cinematic element to event film productions that previously was not available.

Event filmmakers have begun creating works of art that capture the emotions of the wedding day. So it is no surprise that wedding films are often set to music selected to create the desired mood. Historically, event filmmakers have not given much thought to obtaining permission to use a popular song in a wedding film, and some have even operated under the erroneous belief that purchasing the song on a CD or iTunes will avoid a copyright violation. Event filmmakers have now begun paying more attention to copyright issues as rights holders have stepped up enforcement activity directed to unlicensed use of music on the internet.

Pirates of the Twenty-First Century – Tips for Fighting Back Against Counterfeiting

By Zach W. Hilton

Worldwide Counterfeiting Epidemic

Over the course of the last couple of decades, the counterfeiting of almost every conceivable product has become endemic worldwide.  While thought of as harmless by many, the massive amount of trade currently occurring in counterfeit products can often lead to disastrous consequences for both individuals and businesses.

Intellectual Property Assignments in Employment Contracts: Employ Creative Thinking

By Celina M. Orr

If your business employs someone for their creative or technical abilities, you should strongly consider using an intellectual property assignment.  An intellectual property assignment can be part of a larger employment contract but, at a minimum, should clearly define ownership rights in the intellectual property created by the employee.  Such assignment clauses allow the employer to retain control of a work or invention by its employees. Like all contracts, employment contracts should be carefully worded to clearly convey the intent of the parties.

Copyright Overview: An Ounce of Prevention is Worth a Pound of Statutory Damages

By Zach W. Hilton

Both attorneys and laypersons who are not sufficiently familiar with current U.S. copyright law are often guilty of relying upon, and spreading, popular myths and misconceptions concerning basic copyright related issues.  In most instances, reliance on copyright myths and misconceptions will not result in any harm.  However, for the minority of copyright owners who must one day attempt to protect their copyrighted works, such reliance can have potentially disastrous consequences that can effectively preclude enforcement of the copyright.  In hopes of preventing such an unfortunate outcome, a brief primer on the basics of copyright law is provided below.