Legal News And Articles | IP | Copyright

Some Free Legal Advice: Why You Should Register Your Copyrights and Trademarks (2011)

Friday, 05 August 2011 by Elliott Alderman

The failure to register copyrights and trademarks is the very definition of penny-wise and pound foolish. Many clients leave many law offices frustrated, particularly in copyright matters, because despite the apparent validity of their claims, they just cannot afford to enforce their rights if they neglected to register their creative works. The irony of this

Published in Copyright Law, Copyright Registration, Intellectual Property Law, Trademark Law, Trademark Registration

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Golan v. Holder: The Constitutionality of Restoring Works of Foreign Origin From the Public Domain (2010)

Friday, 05 November 2010 by Elliott Alderman

On cross motions for summary judgment, a federal district court in Colorado held, in Golan v. Holder, that Section 104A of the Copyright Act, codifying Section 514 of the Uruguay Round Agreements Act (“URAA”), which restores copyright protection to works of foreign nationals that had entered the public domain, violates the First Amendment use rights of parties

Berne Convention First Amendment public domain Uruguay Round Agreements Act

Published in Berne Convention, First Amendment, Foreign Works, Intellectual Property Law, Restoration of rights, Uruguay Round Agreements Act

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Fair Use: Without Harm to the Copyright Owner Can There Really be a Potential Market for a Work? (2010)

Monday, 05 July 2010 by Elliott Alderman

Copyright Act: Fair Use I recently represented a nonprofit client in what should have been a simple rights clearance matter. The client wanted to use short audio portions of music for educational purposes without having to license rights from the sound recording copyright owners. The contemplated use was transformative, the portions taken were quantitatively and

Copyright Fair Use Market Harm

Published in Copyright Law, Fair Use, Intellectual Property Law

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Tasini Update: Supreme Court Holds that Section 411(a) Registration Requirement is not Jurisdictional (2010)

Wednesday, 05 May 2010 by Elliott Alderman

Earlier this month, the Supreme Court held in Reed Elsevier, Inc. v. Muchnick, that the registration requirement in section 411(a) of the Copyright Act is not jurisdictional. In a continuation of the Tasini case (involving electronic rights to freelance articles written for newspapers and magazines) the Reed Elsevier Court was faced with the question of whether a class settlement involving the

Copyright Copyright Infringement Actions Copyright Jurisdiction Copyright registration Section 411(a)

Published in Copyright Infringement Actions, Copyright Jurisdiction, Copyright Law, Copyright Registration, Intellectual Property Law, Section 411(a)

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Articles

Some Free Legal Advice: Why You Should Register Your Copyrights and Trademarks (2011)

Golan v. Holder: The Constitutionality of Restoring Works of Foreign Origin From the Public Domain (2010)

Fair Use: Without Harm to the Copyright Owner Can There Really be a Potential Market for a Work? (2010)

Tasini Update: Supreme Court Holds that Section 411(a) Registration Requirement is not Jurisdictional (2010)

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