Copyright Law and Fair Use Considerations

Copyright law and fair use considerations is seldom in the mindset of many who take video with background music and post them on the web.  Obviously, the many who do may not give time nor consideration how they are using the music which raises the issues of fair use considerations.   Owners of music oppose videos…

Details

Trade Secrets and Employee Misappropriation

Employers overwhelmingly experience theft of trade secrets and employee misappropriation of employer intellectual property.  Employees transferring company confidential communications, business information, and items normally considered trade secret to a thumb drive or personal drives and accounts, could face being sued for a sundry of claims, including misappropriating trade secrets (violating the Uniform Trade Secrets Act),…

Details

Copyright Protection of Photos of Architectural Structures

Photographers commonly take photos of buildings and landscapes and of views that encompass structures and then sell them under license and it times do not account for the copyright protection of photos of architectural structures.  Under the Copyright Act, a private place though open to the public for touring is still not considered a public…

Details

Balancing Privacy and Encryption

There is no perfect security when balancing privacy and encryption. However, companies storing and collecting data are obliged to focus on higher protection levels. End user controls are receiving greater attention as events increase in frequency. The unfortunate aspect is the prevalence of naiveté about security among users of smartphones, laptops, tablets, and cloud applications.…

Details

Social Media Information Used in Litigation

Social media use and its information is telling of someone and it is increasingly sought after in court cases where we see social media information used in litigation. Many times social media accounts are a well-spring of vital information that can tip a case on its head. The information can reveal truthfulness or the lack…

Details

Marketability of Hashtags

As hashtags are increasingly filed for registry as trademarks, courts are balancing the nominative use of hashtags and the descriptive use of the marketability of hashtags.  So far over 50 hashtags have been granted federally registered trademark status. The difficulty is that the descriptive use may be heightened by the courts amid the value of…

Details

Review Websites Being Questioned

Review websites being questioned for claiming to be a “passive conduit” of comments about service providers.  The matter of consumer trust in reviews provided by these sites run the risk of being manipulated by subscriber agreements. What stands in the fulcrum is the ability for these sites to bolster the transparency of their policies in…

Details

Defamation and the Element of Falsity

Considering defamation and the element of falsity, can a search engine be liable for defamation for taking too long to update its data base and remove content from its database? Well a suit from Maryland suggested the intent to test the waters. The plaintiff in Ferrell v. Yahoo (D. Md. 7.31.15) sought for the court…

Details

Copyright Preemption

Issues with copyright preemption from state court to federal court become germane under the Copyright Act.  A recent decision in federal court dealt with the issue where what was being claimed was about ideas expressed in a tangible form in a software program, i.e., Spear Marketing, Inc. v. Bancorp South Bank. The Fifth Circuit determined…

Details

Copyright Filings and the Library of Congress

Copyright law – Intellectual property law There is a unique requirement with copyright filings and the Library of Congress. Seldom does one wonder how the Library of Congress is the world’s largest library with over 140 million materials that include maps, films, sounding recordings, software programs, photographs, and books. The Registry processes nearly half of…

Details

Personal Data Privacy and Consumer Privacy Bill

Personal data privacy and Consumer Privacy Bill may meet to give people more control over their personal information is in the horizon. Concern however remains with companies and data brokers having discretion. The proposed Consumer Privacy Bill of Rights Act, sets some requirements on companies that process personal information. The idea is to establish some…

Details