Copyright

Digital Rights Management and Ebooks – International Intellectual Property Law – Case Study #12

Digital Rights Management has been an issue of debate for publishers trying to fight piracy ever since the dawn of the digital age. Digital Rights Management is anti-piracy technology that digital copyright owners use to control who gets to access or copy their work. In particular, DRM gives some content holders the power to remotely control how people can install, listen to, view, and duplicate digital files. An example of how this technology has been misused was when Amazon remotely accessed t

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Trump’s Copyright Battle with Queen

By Toshia Smith | Editor: Kristen Daly | www.amdlawgroup.com On the campaign trail, it is commonplace to hear popular music as a politician walks on stage to give a speech. It serves as a way for those in positions of power to connect with everyday people and their love of the same song. One notion that is also commonplace is musicians asking politicians to stop using their music for promotional purposes. In this 2016 presidential race, GOP nominee Donald Trump has repeatedly been asked by th

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TRADEMARK INFRINGEMENT versus PUBLIC DOMAIN

By Eliana Rocchi | amdlawgroup.com The expression “Public domain” is generally used with reference to the works that belong to everyone and are available for public use. The concept comes from copyright law. It identifies those creative works that are not protected by copyright and thus may be used freely by the public. In other words anyone can copy them or modify them or generally use them in any way they wish. But when does that happen? Nowadays, copyrights in a work are acquired au

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Billionaire Richard Branson and Copyright – International Intellectual Property Law – Case Study #8

Richard Branson, the billionaire founder of the Virgin Group, has just sent a cease and desist letter to “I Am Not A Virgin,” a small New York eco-friendly denim label, claiming that the company’s name infringes on his copyright (Antunes). The small label was founded three years ago by Peter Heron and makes their garments from a blend of virgin cotton, and a variety of recycled materials, including plastic bottles, food packaging, and discarded X-Ray films. After holding his trademark for

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The Benefits of Trademark Protection for the Business Owner

By  Aurelia Mitchell Durant, Esquire | amdlawgroup.com Trademark protection has many benefits for business owners. Although it is technically true that you acquire some trademark protection in the United States simply by using the mark it is best to register the trademark.  By registering your trademark on the Principal Register you are enhancing the rights you already acquired when you started using the trademark.  Here are some of the significant benefits:   Nationwide Priority Witho

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Protecting Your Manuscripts for Reality TV

By Diana Chan | amdlawgroup.com Have you completed a manuscript for a reality tv show? In addition to federal copyright protection, Secure Script Registration with the Writer’s Guild of America can help writers protect their manuscripts associated with radio, film, and TV. Through the Writer’s Guild of America, authors protect their works by establishing legal evidence of the completion date of their original work and their prior claim to authorship--useful aspects against infringers.

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Getting Serious About Intellectual Property

By Tasha Schmidt | amdlawgroup.com Many people feel like Washington needs to give more attention and priority to intellectual property rights. Especially this time of the year as the Academy Awards has just happened, it seems like a good time of the year to recognize the billion of dollars that Hollywood funnels into the U.S. economy annually. It seems like everyone wants to be a part of the American movie business, however, many of those that want to get involved are not keen on making sure

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Hey, DJ Keep Playin’ That Song… Unless You Didn’t Pay For It!

By Breanna Pendilton | amdlawgroup.com “Mic check, 1..2..1..2!”  With the summer time here and the fall vastly approaching, we find ourselves in the season of parties: wedding parties, graduation parties, and soon, back-to-school parties.  And with parties, come people, music, and DJs.  While these three things are normal for every party, these three things can also put you at risk for violation of a federal copyright law.  (Ask yourself, “Is the roof really on fire?’) Copyrigh

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Copyright Protection for Graffiti a/k/a Street Art

By Shandice Sluch, Staff Writer | www.amdlawgroup.com The esteemed author William Shakespeare once said, “A rose by any other name would smell as sweet”. Does that same idea apply to the copyrightability of street art? The term street art is defined as any visual work created in public locations. Some common media include spray paint, stencils, sticker art, street installations, and sculpture. However, the legality of this street art becomes a problem when it is not commissioned. Most

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I Wrote This On A Public Wall…. But, You Still Can’t Use It!

By Breanna Pendilton | amdlawgroup.com Miami artist David Anasagasti (or “Ahol” as most people call him) has recently filed copyright infringement against clothing retailer American Eagle Outfitters.  No, they did not steal his clothing designs or illegally use his music in their stores or advertisements (which would be the normal copyright infringement claim against a retail store).  Ahol claims, however, that American Eagle’s recreation of his public street mural entitled “Droopy Ey

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YouTube Refuses to Remove Songs

By Christina Severino | amdlawgroup.com Amid threats from one of the most prolific managers in the music industry, Irving Azoff, YouTube has refused to remove roughly 20,000 songs from its website. Azoff represents many of the artists whose songs are still made available on the site. Even though many artists are already protected by music rights advocacy organizations such as BMI and ASCAP, Azoff is also implementing a new initiative, Global Music RIghts (GMR). So far, the GMR has enlisted 42 a

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How to Use Photos without Violating Copyright Laws

Visual media has become instrumental in designing a website or posting in social media sites such as Pinterest and Facebook. But if you don’t own the photos you plan on using, how do you go about getting the photos your site needs? Grabbing pictures from Google images, off of other websites, or even assuming that you have the rights to photos of yourself or your business despite that it was taken by someone else are all common mistakes that violate copyright law, and if charged, you can be

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Biz Owners Must Know the Difference Between Copyright & Trademark

It is easy to confuse a trademark with a copyright because they are both in the intellectual property field of law. It is important for small business owners to know the difference between the two to protect their products and/or services.        A trademark can be a word, symbol, and/or design, and can also refer to service marks.  Trademarks and service mark simply allow a customer know where the goods and/or service came from.  Sometimes, a customer will want to continue buying from

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Photos, Intellectual Property Rights and Social Media

By Gabrielle Sherwood | Editor: Tikwiza Nkowane | www.amdlawgroup.com When people take pictures, the focus has always been on their looks and the quality of the picture. To a large extent, one may assume that people do not even question the ownership rights to those pictures unless an issue arises that turns into a lawsuit. Issues of ownership and property rights are gradually becoming a popular topic among business owners as risks of lawsuits and legal action are on the rise. With nearly

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A Harlem Shake Infringement

By Tasha Schmidt | amdlawgroup.com Have you heard of the “Harlem Shake?” The “Harlem Shake” is more than just a really popular video. Voices being heard in the background of the viral Internet hit on “Harlem Shake,” have caused quite the uproar. One of the individual’s whose voice can be heard in the video, Hector Delgado, received a surprise phone call from his former manager stating that his voice could be clearly heard in the background of the song “Harlem Shake.” The son

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