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Archive for the ‘Copyright Law’ Category

Copyright Violations Claimed by Viacom Against YouTube

MSN Money reports just days after Google owned YouTube announced that media companies will have no choice but to work with online sites such as theirs, Viacom has responded with a $1 billion lawsuit, alleging that the video-sharing site has shown 160,000 of its videos without permission. Previously, after talks about a licensing deal failed, YouTube said it would remove 100,000 Viacom clips, including a number from Comedy Central shows.  Viacom and other big media players say that the problem with YouTube is that it will pull copyright clips only after its been asked to do so, putting the burden of policing content on the copyright holders and allowing users to re-post illegal copies as soon as they are removed. Google and YouTube rely on the Digital Millennium Copyright Act, passed in 1998, which criminalizes technology whose primary purpose is to circumvent measures that control access to copyrighted works – – even where there is no actual infringement. If a [&hellip

Florida Intellectual Property Attorney Takes on Disney Company

As a Florida patent attorney and the author of the Florida Intellectual Property Law Blog, I often receive press releases and news submissions relating to Florida intellectual property matters.  I received the following press release today regarding another case by Florida intellectual property attorneys Silverman Santucci, LLP concerning alleged violations of Florida trade secret law: For immediate release by PRceptions: Tim Allen and Touchtone Pictures Sued Over Wild Hogs Rip-Off One week before the national release of the much publicized John Travolta road comedy, Wild Hog’s, Travolta’s co-star, and Hollywood funny man, Tim Allen, and Disney’s Touchtone Pictures, are being sued for theft of trade secrets under Florida law. The suit is still pending. If South Florida screen writers Steven Battaglia and Paul Danner get their way, and the Florida courts aprove, all money generated by the movie will be deposited in a trust fund pending the outcome of the lawsuit.

Copyright Infringement Lands Florida Man in Prison

The Florida Litigation Center reports that Stephen Michael Smith, 34, of Middleburg, Florida was recently sentenced to 18 months imprisonment by the Honorable Henry Lee Adams, Jr., United States District Judge in the Jacksonville Division of the Middle District of Florida, for distribution of pirated software over the internet, in violation of federal criminal copyright infringement laws. Smith previously entered a guilty plea to a single count information on December 7, 2004, which charged him with infringement of a copyright.  In addition to the prison term, Smith was ordered to forfeit all computer equipment used in commission of the offense, and during his two years of supervised release, is to have no access to computers connected to the internet, absent his probation officer’s permission. Smith operated the internet website Awww.FullBackups.com and offered copyright protected software programs for sale without the copyright holders authorization.  Smith admitted t

Copyright Treatise Excellent Resource

 William Patry has authored a new 7 volume (no appendices), 5,830 page    treatise on copyright  that West just published. The treatise is unusual in a lot respects. It is an extremely comprehensive treatise on copyright and Mr. Patry believes it is one of  the largest legal treatises ever written by a single individual. Mr. Patry has a diverse background, which is reflected in the treatise. He is presently Senior Copyright Counsel to Google Inc., but was also a full-time law professor at Cardozo Law School for 5 years, copyright counsel to the U.S. House of Representatives (3 and a half years), a Policy Planning Advisor to the Register of Copyrights (4 and a half years), and he spent 12 years in private practice litigating copyright cases. The treatise reflects all these experiences and has a foreword by Justice O’Connor and an endorsement by former Solictor General of the United States Walter Dellinger. Mr. Patry previously published a se

Florida Ranks Third in U.S. Popularity for Novel Settings

According to an article in Business Wire, publishing statistics compiled by Bowker list Florida as third, behind California and Texas as the most popular fictional state setting in the United States released in novels today.   Romance, mystery & detective, science fiction, and western genres comprised half of all adult fiction published in the United States. The entire article can be found here.   These statistics obviously have a great impact on copyright protection, regarding literary works created by authors.   According to the United States Copyright Office, copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright. Anyone aspiring to write a novel might want to consult with an intellectual property attorney who can address any concerns re

Protecting Creative Expression Through Copyright Law

When most people think of creative expression, they naturally envision the work of individual authors, artists, poets, singers, and musicians. In fact, these works only comprise the classic examples of copyrightable subject matter. Less obvious, however, is the multitude of everyday business components that lend themselves to copyright protection.   In today’s competitive business environment, the potential valuation of a company lies not just in its physical assets but is based to a great extent on its ability to develop and capitalize upon a steady stream of new ideas and creativity. In this regard, important creative components of a business including sales brochures, advertising, solicitation letters and emails, instruction manuals, architectural and engineering drawings, pictures, photographs, paintings, graphical images, web-site designs, computer software, music, and sound recordings can all be protected under copyright law.   Copyright protection protects the or