Dear President Trump: 3 Recommendations To “Help Make America’s IP Great Again”…

Given the recent inauguration of our 45th president, I have found myself wondering about the incoming administration and how it will fare given the multitude of issues it must face. While large swaths of the population believe that President Trump will make good on his many campaign promises, many Americans harbor questions about the policies […]

ISPs Beware: If You Ignore These 3 Things, You CAN Be Liable for Copyright Infringement

Until recently, most internet service providers (“ISPs”) had good reason to feel reasonably shielded from liability stemming from the conduct of their subscribers. From the uploading of unlicensed music files to the exchange of pirated content via BitTorrent, most ISPs remained shielded from liability since the implementation of the Digital Millennium Copyright Act in 1998. […]

Fair Use Does Not Mean Your Use Is Fair: 3 Reasons Why the #Oracle/Google Litigation Matters to Your Business

There’s no way around it – virtually every business today uses some form of software in providing its goods and services to its customers. From software-as-a-service solutions to custom-developed code, software has become an indispensable business need, especially as customer solutions expand to the mobile application space.   Without question, software impacts your business and its […]

When You Don’t Get What You Pay For: The 3 Biggest Mistakes Companies Make Regarding the Copyright “Work-For-Hire” Doctrine

After many years of practicing law, it never ceases to amaze me how many companies mistakenly believe that they own certain works just because they have paid for them. Whether it is an employee who has created marketing materials for your company website, or an independent contractor who has developed a software package based upon […]

Retransmission, Revisited: Will Aereo Prevail?

Well, it seems that we may have another interesting copyright situation similar to my post about Zediva, but this time involving over-the-air broadcasts to your PC, smartphone or tablet.  As initially reported through various media outlets such as Wired.com, technology startup Aereo claims to have found a way to provide internet-delivered TV to your laptop/tablet/smartphone […]