Posted on October 22, 2014 by Julie Brook, Esq.
Can you state the difference between an idea and the expression of that idea? Don’t worry if it doesn’t slip off your tongue. This distinction is one of the most difficult areas of copyright law but far from academic because copyright law doesn’t protect ideas, but it does protect expressions of ideas. And this distinction remains key to technology copyright cases. Continue reading
Filed under: Business Law, Intellectual Property, Legal Topics | Tagged: business litigation, computer commands, copyright, copyright infringement, Copyright Revision Act of 1976, idea versus expression, idea-expression dichotomy, inventions, new technology, patents | 2 Comments »
Posted on December 18, 2013 by CEB
The following is a guest blog post by Harmony Groves Kessler, a solo practitioner assisting individuals, small businesses, and attorneys with legal issues in criminal defense, business contracts/transactions and public agency law in northern California. She is the former Mayor of Arcata, California, where she served a four-year term on the City Council.
Updated March 18, 2014: The Beastie Boys and GoldieBlox have settled the suit. As part of the settlement, GoldieBlox will no longer be able to use its parody of the Beastie Boys’ song and will publish an apology to the band.
Updated January 3, 2014: Although GoldieBlox removed the song “Girls” from its video, the Beastie Boys sued GoldieBlox for copyright and trademark infringement, among other claims, seeking an injunction, damages, and lost profits based on the toy’s massive increase in sales, which they believe are the direct result of the video.
A creative rewrite of the Beastie Boys’ iconic song “Girls” recently stirred up trouble for a toymaker with good intentions. Continue reading
Filed under: Business Law, Intellectual Property | Tagged: Beastie Boys, copyright infringement, declaratory relief, Fair Use Doctrine, Girls, Goldie Blox, parody, satire | 5 Comments »
Posted on February 13, 2012 by Julie Brook, Esq.
Is that little © really necessary to provide copyright protection to your work? The short answer is “No.” But, just because it’s not required doesn’t mean you shouldn’t include it. Including a copyright notice has its benefits. Continue reading
Filed under: Business Law, Legal Topics | Tagged: copyright infringement, copyright notice, copyrights | Leave a comment »
Posted on June 27, 2011 by Julie Brook, Esq.
How do you protect what’s yours from those who would completely ignore copyright protection? This is a question the family of famed Beat generation icon Neal Cassady has asked itself, as illegally copied photographs of Neal float around the Internet and the world. One way to get greater protection is to register the copyright. Taking this extra step is the difference between being able to sue for infringement and having to sit there and take it. Continue reading
Filed under: Business Law, Civil Litigation, Legal Topics | Tagged: copyright, copyright infringement, copyright registration, Jack Kerouac, Neal Cassady | 1 Comment »
Posted on April 20, 2011 by Julie Brook, Esq.
In addition to direct copyright infringement and inducement of infringement, there is a third type of copyright infringement, “contributory infringement,” which is becoming more of an issue in the electronic world. As one Web-hosting company recently learned the hard way, Internet service providers are more frequently being found liable for contributory infringement based on the infringing activities of their users — think Napster. Continue reading
Filed under: Business Law, Civil Litigation, Legal Topics, New Legal Developments, Tort Law | Tagged: contributory infringement, copyright infringement, Internet law | Leave a comment »
Posted on December 13, 2010 by Julie Brook, Esq.
A great way to stop copyright infringement in its tracks is to send a cease and desist letter to the infringing party. If done right, and under appropriate circumstances, a cease and desist letter can avoid any further legal action. Continue reading
Filed under: Business Law, Civil Litigation, Legal Topics | Tagged: cease and desist, copyright infringement, Lamebook.com, restraining order | 1 Comment »