Experienced Lawyers Handling Copyright Infringement, Media Law, Defamation and Free Speech

Can Defamation Law Keep Up With Internet Defamation?

contact@traverselegal.com (Traverse Legal Radio) — Mon, 23 Nov 2009 09:12:22 PST

CNN.com has posted an interesting article on Internet law that questions whether the law can keep up with technology. The article touches on Internet defamation on Twitter and the web, as well as the application of Internet law to virtual...

Interview with William Patry, Author of Moral Panics and the Copyright Wars

contact@traverselegal.com (Traverse Legal Radio) — Mon, 16 Nov 2009 12:54:20 PST

Play Show: Moral Panics & the Copyright Wars Traverse Legal, PLC Read Transcript: powered by Vertio.net ANNOUNCER: Today’s program is brought to you by Traverse Legal. A law firm specializing in copyright law, Internet law, domain disputes and technology company...

Copyright Fair Use: Get a Copyright Fair Use Assessment

contact@traverselegal.com (Traverse Legal Radio) — Fri, 13 Nov 2009 07:53:05 PST

Attorney John Di Giacomo Play Show: Traverse Legal Radio - John Di Giacomo Discusses Copyright Fair Use Traverse Legal, PLC Read Transcript: powered by Vertio.net ANNOUNCER: Today’s program is brought to you by Traverse Legal. A law firm specializing in...

No Copyright Infringement When Ineligible for Copyright Protection

contact@traverselegal.com (Traverse Legal Radio) — Wed, 11 Nov 2009 12:37:45 PST

Copyright protection pertains to original works of authorship that are created and fixed in a tangible form. Once this occurs, the owner can claim what’s known as a poor man’s copyright, or put another way, copyright rights under common law....

Copyright Licensing for Independent Video Game Developers

contact@traverselegal.com (Traverse Legal Radio) — Mon, 09 Nov 2009 14:11:31 PST

Copyright licensing issues have become an important consideration for independent video game developers. Several technological breakthroughs have opened the barriers to entry for independent video game developers. Digital distribution platforms such as Xbox Live Arcade, Wii Shop Channel, Playstation Store,...

Copyright Infringement On Etsy

contact@traverselegal.com (Traverse Legal Radio) — Sat, 07 Nov 2009 05:02:33 PST

Etsy is a great marketplace for both emerging and established artists, but copyright infringement on Etsy can be a serious problem. Popularity on Etsy can be a double-edged sword: with fame comes the potential of copying and copyright infringement. Artists that sell their copyrighted works on Etsy should be aware of some copyright law doctrines that may apply to their works, including the legal doctrines surrounding useful articles under the Copyright Act. If your copyright rights have been infringed on Etsy, contact one of our expert Etsy copyright infringement lawyers today for a free consultation at 866.936.7447.

Copyright Infringement Threat Letters: Detail is Leverage

contact@traverselegal.com (Traverse Legal Radio) — Thu, 05 Nov 2009 08:33:39 PST

Copyright infringement threat letters sent by copyright lawyers are designed to cause a third party to cease and desist use, distribution, copying of copyright protected materials. But some cease and desist threat letters are clearly boilerplate. Stopping copyright infringement typically...

Social Networking and Social Media Websites See Rise In Account Hacking

contact@traverselegal.com (Traverse Legal Radio) — Mon, 02 Nov 2009 11:50:05 PST

Social media and social networking websites such as Facebook, Myspace, Twitter, LinkedIn, and YouTube are increasingly being targeted by hackers. As the user base of these services grow, hackers have become more and more interested in obtaining personal information and...

Identity of Anonymous Blogger Revealed in Internet Defamation Lawsuit

contact@traverselegal.com (Traverse Legal Radio) — Mon, 02 Nov 2009 11:19:11 PST

A recent article over at Ars Technica illustrates how courts will limit anonymity when it serves only to protect the origin of defamatory statements posted on the Internet. Despite the protections of the Communications Decency Act, courts will often require...

Ann Arbor Copy Shop Loses Fair Use Defense in Copyright Infringement Lawsuit

contact@traverselegal.com (Traverse Legal Radio) — Fri, 30 Oct 2009 04:45:10 PDT

Excel Test Preparation, a university course pack copy shop located in Ann Arbor, Michigan, has lost a copyright infringement lawsuit brought by five publishing companies, including Oxford University Press and SAGE Publications. Unlike other local copy shows that copy and...

Copyright Infringement Threat Letters: How to run a copyright infringement threat letter program.

contact@traverselegal.com (Traverse Legal Radio) — Mon, 26 Oct 2009 06:53:59 PDT

Play Show: Copyright Infringement Threat Letters Traverse Legal, PLC Read Transcript: powered by Vertio.net ANNOUNCER: Today’s program is brought to you by Traverse Legal. A law firm specializing in Internet law, domain disputes and technology company representation. That’s Traverse Legal....

Copyright Licensing Lawyer Discusses the Protection of Your Intellectual Property

contact@traverselegal.com (Traverse Legal Radio) — Fri, 23 Oct 2009 07:28:43 PDT

Play Show: Traverse Legal Radio - Enrico Shaefer discusses Copyright Licensing Traverse Legal, PLC Read Transcript: powered by Vertio.net ANNOUNCER: Today’s program is brought to you by Traverse Legal, internet lawyers specializing in domain name disputes, copyright licensing and trademark...

If the Poor Man's Copyright Relies On Common Law, You Would Be Well-Served to Obtain a Copyright Registration

contact@traverselegal.com (Traverse Legal Radio) — Fri, 16 Oct 2009 07:37:58 PDT

It is often said that the poor man's copyright relies on common law because common law copyright rights begin as soon as an original work is fixed in a tangible medium of expression. Clients often ask whether they should send a sealed and certified envelope to themselves via post containing the copyrighted work to ensure that they have evidence that they created a work prior to anyone else. Priority of creation, however, does not have an effect on the validity of copyright protection in the United States. These methods may have been beneficial prior to the Copyright Act of 1976 because publication was a prerequisite to copyright protection, but they no longer serve a purpose. Instead, clients are best served by a copyright registration with the US Copyright Office.

Music Copyright Infringement Lawsuit Update: No Sanctions Awarded

contact@traverselegal.com (Traverse Legal Radio) — Wed, 14 Oct 2009 09:56:34 PDT

A magistrate judge has ruled that the RIAA is not entitled to monetary sanctions against attorney Ray Beckerman. Beckerman is accused of filing motions that attack the RIAA and then publishing them on his Recording Industry vs. The People blog.

Reduce Copyright Infringement Risks When Broadcasting Music In Your Business

contact@traverselegal.com (Traverse Legal Radio) — Thu, 08 Oct 2009 07:46:50 PDT

Clients often ask us, “Can I broadcast music from my iPod, CDs, or Internet radio in my business?” Typically, these clients operate bars, restaurants, or other service-based establishments. Often to a client’s surprise, we must inform them that the Copyright Act of 1976’s § 110 does not allow an establishment to “publicly display” non-broadcast music. The Copyright Act considers the public display of non-broadcast music to be copyright infringement, and business that want to fully mitigate their risks in this area must get a license to play music in their establishment.

Washington Court Rules First Sale Doctrine Applicable to Software License In AutoCAD Copyright Litigation

contact@traverselegal.com (Traverse Legal Radio) — Tue, 06 Oct 2009 11:01:37 PDT

The Western District of Washington has affirmed that a Seattle resident, Timothy Vernor, did not infringe the copyright of Autodesk, Inc. when he re-sold AutoCAD software that he had obtained from an Autodesk customer. This is an important decision that affects the ability of software vendors to prevent the re-sale of their copyrighted software under the First Sale Doctrine.

Can a Domain Name Itself Support A Defamation Claim? Glenn Beck's Lawyers Take A Stand.

contact@traverselegal.com (Traverse Legal Radio) — Tue, 06 Oct 2009 04:26:08 PDT

A recent 'celebrity cybersquatting' controversy over Glenn Beck filling a Complaint under the UDRP with the World Intellectual Property Organization (WIPO) seeking transfer of the the domain www.GlennBeckRapedandMurderedAyoungGirlIn1990.com has stirred passion among many internet commentators. The web site, designed as...

Linden Labs Sued in Copyright Infringement Litigation Over Second Life Virtual Sex Toys

contact@traverselegal.com (Traverse Legal Radio) — Sat, 19 Sep 2009 05:53:58 PDT

Linden Labs, developer of the widely known Second Life massively multiplayer online game, has been sued in federal court in San Francisco for copyright infringement, trademark infringement, tortious interference with business relations, and false advertising and unfair competition under the California business and professions code for, it is alleged, turning its head to the widescale creation of counterfeit virtual sex toys with Second Life. The complaint can be viewed in PDF form here.

Musician Fergie Sued For Music Copyright Infringement

contact@traverselegal.com (Traverse Legal Radio) — Sat, 19 Sep 2009 04:46:56 PDT

Copyright litigation has been filed against musician Fergie. The lawsuit alleges that Fergie stole her hit song "Voodoo Doll" from a virtually unknown reggae group named Groundation.

Complaint Count One – Copyright Infringement

contact@traverselegal.com (Traverse Legal Radio) — Fri, 21 Aug 2009 10:59:31 PDT

You’ve been named a defendant in a lawsuit. You’ve received a piece of paper entitled “Complaint.” As you read through the numbered paragraphs setting forth legal jargon and other information, you ultimately recognize that you have been sued for copyright...

What Are You Doing With Your Copyright?

contact@traverselegal.com (Traverse Legal Radio) — Fri, 21 Aug 2009 10:55:12 PDT

You have created a copyright protectable work and affixed it in a tangible form, and as such, you have presumably acquired protectable common law copyright rights. One step further, you decide to file for registration with the United States Copyright...

A Trial Lawyer Knows When it is Best to Avoid Copyright Litigation

contact@traverselegal.com (Traverse Legal Radio) — Fri, 21 Aug 2009 10:51:49 PDT

As ironic as it may sound, a trial lawyer versed in copyright law may be the exact representation needed in order to avoid copyright litigation. The fact of the matter is that if you are looking to enforce your copyright,...

The Irony of Copyright Infringement for Authors, Artists and Musicians

contact@traverselegal.com (Traverse Legal Radio) — Thu, 20 Aug 2009 06:16:56 PDT

Because of the Internet, copyright infringement is rampant. Authors of original works – whether they are artist, authors or musicians – fight a nearly endless battle to protect their copyright protected works online. Our copyright lawyers understand, from both a...

Avoiding Copyright Litigation: As The Number of Copyright Lawsuits Continue to Rise, Here is What You Need to Know in Order to Avoid Getting Sued.

contact@traverselegal.com (Traverse Legal Radio) — Wed, 19 Aug 2009 13:41:48 PDT

The last thing you need is to find yourself on the receiving end of a copyright infringement threat letter or, worse, a copyright infringement lawsuit. The primary defense to copyright infringement is “fair use” – a doctrine under copyright law...

New York Court Compels Google to Hand Over Email and IP Addresses In Internet Defamation Case

contact@traverselegal.com (Traverse Legal Radio) — Wed, 19 Aug 2009 07:27:08 PDT

A recent New York Supreme Court ruling has required Google to reveal the IP address and email address of an anonymous blogger charged with Internet defamation. The case involved anonymous Blogger.com postings about New York resident Liskula Cohen, a Canadian-born model who has appeared in popular fashion magazines. Cohen’s attorney alleges that the postings constitute online defamation and he requested that any information in the hands of Google identifying the anonymous blogger be turned over to the Plaintiff’s counsel.

Adopt a Digital Millennium Copyright Act (DMCA) Takedown Policy to Avoid Copyright Infringement Litigation

contact@traverselegal.com (Traverse Legal Radio) — Tue, 18 Aug 2009 12:06:27 PDT

The Digital Millennium Copyright Act (DMCA) is an Act which contains provisions that affords internet service providers a safe haven from liability for contributory copyright infringement from user-generated content on web sites. In order to take advantage of this safe...

Superman Co-Creator’s Family Given Rights to Copyrighted Works After Finding Comic Not Work Made For Hire

contact@traverselegal.com (Traverse Legal Radio) — Tue, 18 Aug 2009 11:32:22 PDT

The family of Jerry Siegel has won an important victory in their battle for past-due royalties for Siegel’s contribution to the Superman comic book series. Siegel, who with co-creator Joe Shuster created the Superman character in 1938, lost a 1974 court decision, which held that Siegel had signed his rights to the character away to DC Comics’ predecessor Detective Comics.

Copyright Office Speeds Up Registration Process For Copyright Infringement Lawsuit Filers

contact@traverselegal.com (Traverse Legal Radio) — Wed, 12 Aug 2009 09:53:32 PDT

The United States Copyright Office has published an interim rule that allows for the elevation of applications that have been pending for six months or more to “special handling” status. Since the switch to eCO, the electronic Copyright Office filing system, the Copyright Office has been backlogged and notoriously slow in evaluating copyright registration applications. Due to this delay, many copyright holders have had to wait long periods of time to receive their registration certificates, which is a prerequisite to the filing of a copyright infringement suit in many jurisdictions.

DMCA Takedowns to Search Engines Effective in Fighting Copyright Infringement

contact@traverselegal.com (Traverse Legal Radio) — Thu, 06 Aug 2009 06:05:44 PDT

Mary Roach has a great post at CircleID on an area that we have talked about extensively, namely, copyright takedowns under the Digital Millennium Copyright Act. Mary’s post covers the more specific strategy of sending takedown notices to search engine providers, such as Google, Yahoo, and MSN, to effectively reduce access to stolen creative materials.

Defamation Law: Defamation Attorneys Can Help You Understand Your Rights.

contact@traverselegal.com (Traverse Legal Radio) — Thu, 23 Jul 2009 10:21:04 PDT

Our attorneys handle a large number of defamation matters, representing both plaintiffs who are suing for defamation and defendants alleged to have defamed plaintiff. Defamation law is highly specialized because of First Amendment issues and DMCA defenses. The Michigan Defamation...

Top Benefits of Filing a Copyright with the United States Copyright Office

contact@traverselegal.com (Traverse Legal Radio) — Fri, 10 Jul 2009 08:40:48 PDT

Play Show: Brian Hall Discusses Why You Need A Copyright Traverse Legal, PLC Read Transcript: powered by Vertio.net ANNOUNCER: Today’s program is brought to you by Traverse Legal. A law firm specializing in internet law, domain disputes, and technology company...

Traverse Legal Radio Interview with Robert Cox, President of Media Bloggers Association

contact@traverselegal.com (Traverse Legal Radio) — Mon, 06 Jul 2009 21:00:00 PDT

To support the MBA, please check out their website or join here. For more information about how Traverse Legal attorneys can help in internet defamation cases, check out this web site. Interview with Robert Cox, President of Media Bloggers Association....

Ninth Circuit Court of Appeals Ruled on Thumbnails: Indexed Images is a Fair Use of Content, not Copyright Infringement

contact@traverselegal.com (Traverse Legal Radio) — Sat, 04 Jul 2009 06:28:00 PDT

The Ninth Circuit Court of Appeals ruled in 2007 that Goggle’s Image Search does not directly infringe copyrights when copyrighted thumbnails show up in the search results. The Court noted that “a search engine may be more transformative than a...

Defamantion Lawsuits Against Bloggers are on the Rise: 15 Million Dollars in Judgments since 2004

contact@traverselegal.com (Traverse Legal Radio) — Thu, 02 Jul 2009 06:08:13 PDT

An out of work real estate agent, who blogged about Anna Nicole Smith, was jailed for not turning over her computer in a defamation case brought about by Ms. Smith’s mother, Virgie Arthur. Lyndal Harringtion is accused of spreading lies...

Copyright Registration and Protection for Computer Programs

contact@traverselegal.com (Traverse Legal Radio) — Fri, 26 Jun 2009 06:23:28 PDT

The United States Copyright Office defines a computer program as a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result. The question becomes what exactly does a...

Copyright Term in The Public Domain in the United States

contact@traverselegal.com (Traverse Legal Radio) — Tue, 09 Jun 2009 08:23:00 PDT

Here is a resource link to information concerning the Copyright Term for published and unpublished works. The chart identifies copyright works which become part of the public domain. A copyright is dependent on when the work was first published, whether...

Copyright Law: Questions and Answers

contact@traverselegal.com (Traverse Legal Radio) — Fri, 08 May 2009 10:54:20 PDT

Copyright law, like many types of law, raises numerous issues and questions for clients. More often than not, these questions can be answered in one of two ways. First, frequently asked questions such as those available in the United States...

Copyright Protection Not Available for Names, Slogans, Titles, or Short Phrases

contact@traverselegal.com (Traverse Legal Radio) — Thu, 07 May 2009 13:04:43 PDT

Names, titles, and short phrases or expressions are not subject to copyright protection. Even if a name, title, or short phrase is novel or distinctive or if it lends itself to a play on words, it cannot be protected by...

Copyright Litigation Update: Fair Use Parody of Song Results in Lawsuit Dismissal

contact@traverselegal.com (Traverse Legal Radio) — Fri, 20 Mar 2009 06:43:17 PDT

Judge Deborah A. Batts of the U.S. District Court for the Southern District of New York on Monday granted Twentieth Century Fox Film Corp.’s motion for summary judgment, dismissing a lawsuit filed by musical publisher Bourne Co., the copyright holder...

Copyright Infringement Claims Continue to Rise

contact@traverselegal.com (Traverse Legal Radio) — Wed, 18 Feb 2009 07:55:29 PST

Copyright infringement in the internet age continues to be an extreme problem for copyright holders. The internet's unprecedented ability to accumulate and to disseminate data, original works of authorship by musicians, writers, graphic designers, and artists, has also created an...

How to Know Whether Content Aggregators’ Use of Third Party Content is Fair Use Under Copyright Law

contact@traverselegal.com (Traverse Legal Radio) — Mon, 09 Feb 2009 13:40:50 PST

We often receive questions from clients about the copyright law implications of content aggregators. Content aggregators, to be clear, are business models in which content from the web produced by others is repackaged in a value-added manner. Value is added to the aggregated content through the addition of user voting schemes, social networking, message boards, or other community building methods. The question we most often receive: “Is this fair use under the Copyright Act?”

Copyright Infringement, Defamation and First Amendment Attorneys

contact@traverselegal.com (Traverse Legal Radio) — Wed, 01 Oct 2008 08:33:11 PDT

"Traverse Legal's attorneys know first hand how on-line defamation, First Amendment and copyright infringement issues have become more complex in cyberspace. There are very few firms that can match our ability to identify and monitor on-line content. We understand the...

New Test for Subpeona of Anonymous Defamation Balances Free Speech and Right to Anonymous Poster's Identity

contact@traverselegal.com (Traverse Legal Radio) — Mon, 22 Sep 2008 11:13:14 PDT

Though the Internet is often thought of as anonymous, this seeming anonymity has not done away with tort liability for defamatory statements. While it is more difficult to find the identity of an anonymous Internet poster through an Internet IP...

Defamation On The Internet: Maine Court Rules Rejects Invitation to Treat Print On Demand Co. as Publisher

contact@traverselegal.com (Traverse Legal Radio) — Mon, 15 Sep 2008 06:32:30 PDT

Court Rules Print-on-Demand Service Not Liable for Defamation Under the common law, whether a participant is deemed to be a publisher for purposes of imposing defamation liability depends on the “extent to which he participates with an author…of the defamatory...

Lexicon Dictionary Of Harry Potter Works Not Fair Use

contact@traverselegal.com (Traverse Legal Radio) — Mon, 08 Sep 2008 16:11:10 PDT

Rowling wins copyright suit against Mich. man | Freep.com | Detroit Free Press A judge ruled Monday in favor of "Harry Potter" author J.K. Rowling in her copyright-infringement lawsuit against a fan and Web site operator who was set to...

$6 Million Dollar Defamation Lawsuit For Web Site Postings

contact@traverselegal.com (Traverse Legal Radio) — Mon, 08 Sep 2008 13:02:14 PDT

Answer filed in defamation lawsuit | baxterbulletin.com | The Baxter Bulletin Ann-Marie Nichols is one of the defendants listed in a $6 million defamation lawsuit filed by Loretta DiAnne Cruse. Nichols filed an answer to the lawsuit Wednesday in Baxter...

Is Use of Famous Songs By Policital Parties At Convention Copyright Infringement

contact@traverselegal.com (Traverse Legal Radio) — Fri, 05 Sep 2008 10:39:16 PDT

Heart to McCain/Palin: Back off on 'Barracuda' - Sound Effects - Boston.com The use of copyrighted music by politicians is extremely common, but does it amount to copyright infringement? The rock group Heart thinks so and is using its registered...

Copyright Owners Must Assess 'Fair Use' Before Sending Take-Down Notices

contact@traverselegal.com (Traverse Legal Radio) — Mon, 25 Aug 2008 12:36:07 PDT

Last year, we sponsored the interview "Digital Millennium Lawsuit Against Universal Music Publishing" with Marcia Hoffman of the Electronic Frontier Foundation. The district court recently ruled that Universal Music was obligated to assess the fair sue defense before sending a...

Lawyer Stops Blogging, Can't Escape Implication That He Is Speaking For his Employer Google

contact@traverselegal.com (Traverse Legal Radio) — Wed, 13 Aug 2008 12:46:36 PDT

In an unfortunate turn of events, long time blogger William Patry ends his four years blogging contribution to copyright issues at The Copyright Blog. The Patry Copyright Blog: End of the Blog For the first year after joining Google, with...

The Basic Principles of Media Law: What You Should Know When Starting Or Running a Website or Online Business

contact@traverselegal.com (Traverse Legal Radio) — Wed, 06 Aug 2008 10:32:55 PDT

There is a common misconception that the seeming anonymity and accessibility of the Internet makes it much like the Wild West. Most Internet users do not understand that every published message board or blog post is subject to a myriad...