Travis Crabtree

Travis Crabtree

Gray Reed & McGraw, P.C.

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Fair Use and the DMCA – Yes, you need to think about it before sending the takedown

Monday, the Ninth Circuit ruled copyright owners must consider the fair use doctrine before sending a takedown notice under the Digital Millennium Copyright Act in Lenz v. Universal Music Group. Read the case here: Lenz v....more

9/16/2015 - Copyright Copyright Infringement Copyright Litigation Digital Media DMCA Fair Use Music Industry Online Videos Popular Takedown Notices Universal YouTube

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 5 (the conclusion)

To conclude the series, we look at one more opinion — Serafine v. Blunt, No. 03-12-00726-CV, 2015 WL 2061922 (Tex. App.—Austin May 1, 2015). This case dealt with a property dispute, but the real interest comes from the...more

9/2/2015 - Anti-SLAPP Attorney's Fees Declaratory Relief Defamation Exxon Mobil First Amendment Fracking Fraud Free Speech Injunctive Relief Motion to Dismiss Negligence Nuisance Private Property Rights Tortious Interference Trespass TX Supreme Court

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 4 – A decision in Schlumberger, sort of

Since we published Part 3 that discussed the details of an interesting case here in Houston, Schlumberger v. Rutherford, the First Court of Appeals issued its opinion on Tuesday. The best description of the decision is a...more

8/28/2015 - Anti-SLAPP Appeals Breach of Contract Breach of Duty Conversion Fiduciary Duty First Amendment Free Speech Interlocutory Orders Jurisdiction Misappropriation Motion to Dismiss Trade Secrets

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 3

The basics of the Texas Anti-SLAPP law In part three we are going to deep dive into a specific case that has garnered a lot of attention-Schlumberger v. Rutherford which is currently on appeal to the Houston Court of...more

8/5/2015 - Anti-SLAPP Breach of Contract Data Collection Discovery First Amendment Infringement Litigation Strategies Misappropriation Patent Infringement Patents Restraining Orders TCPA Tortious Interference Trade Secrets Work Computer

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 2

It is easy to see how this applies to your straightforward defamation case assuming the defendant engaged in the “exercise of the right of free speech” which means “a communication made in connection with a matter of public...more

7/29/2015 - Anti-SLAPP Defamation Email Exxon Mobil Free Speech Internal Communications Motion to Dismiss Tortious Interference TX Supreme Court Wrongful Termination

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 1

The Texas Anti-SLAPP law is known as the Texas Citizens Participation Act (the “TCPA” found at Tex. Civ. Prac. & Rem. Code at § 27.001, et seq.). “If a legal action is based on, relates to, or is in response to a party’s...more

7/13/2015 - Anti-SLAPP Attorney's Fees Defamation First Amendment Free Speech Motion to Dismiss Protected Activity Texas

The Cards Hack the Astros – So What Law Applies? [audio]

In a developing story, The New York Times is reporting that the FBI is investigating the St. Louis Cardinals for hacking into the Houston Astros’ computer networks to steal the Astros’ internal baseball operation intelligence...more

6/18/2015 - Baseball Cardinals CFAA Computer Fraud and Abuse Act Criminal Investigations FBI Hackers Privacy Laws Sports Stored Communications Act

Who’s on First? Depends if Fair Use is on Second and Public Domain is on Third

Abbott and Costello’s “Who’s on First?” brings back memories of my seventh-grade talent show where I performed the routine with Brandon Berry at Atascocita Middle School. I can’t remember if we won second or third place —...more

6/11/2015 - Copyright Fair Use Film Industry Heirs Public Domain Scripts The Copyright Act

Does there need to be patent reform?

Regular readers know I am a fan of Last Week Tonight with John Oliver. The show has done multiple segments relevant to our topics of discussion. They recently did a segment on patent reform....more

5/11/2015 - Attorney Generals Infringement Innovation Act Patent Reform Patents SCOTUS Technology Texas

To Fire or Not to Fire for Employee’s Social Media Posts

After watching the firing of the digital communications manager for the Houston Rockets during their run through the playoffs (read the story here in the Houston Chronicle).  I figured it would be a good time to revisit the...more

5/1/2015 - Employment Policies NLRB Offensive Language Protected Activity Social Media Social Networks Twitter

Texas eMediaLaw Legislative Update: 2015

It’s Spring in Texas which means one of two things – the bluebonnets are out and in odd years, our legislature is back at work. One makes me grateful to be in Texas and the other only meets every other year. Here are a few...more

4/21/2015 - Defamation Frivolous Lawsuits Patent Litigation Pending Legislation Service of Process Social Media

Will Net Neutrality Kill the Internet 3.0?

As expected, the FCC passed the net neutrality rules today.  Other than spokesmen for the large telecoms (and perhaps some politicians who listen to that lobby), you don’t hear much reasoned opposition to net neutrality....more

2/26/2015 - Broadcasting FCC Net Neutrality Telecommunications

Getting Pictures Off the Internet – Not Easy To Do

I love college basketball.  Given that my Missouri Tigers haven’t given me much to talk about, I thought we could discuss the efforts by this upset Duke fan to have her image removed from the Internet captured during the...more

1/15/2015 - Copyright DMCA Invasion of Privacy Photographs Social Media Social Networks Twitter Websites

5 Most Popular eMediaLaw Posts of 2014

This was one of the more interesting stories of the year – does the photographer who set up everything to allow for a monkey to take a selfie own the copyright to that selfie?  This year we learned that no, the photographer...more

12/31/2014 - Contests & Promotions Copyright Defamation FTC Photographs Social Media Unpaid Interns

Top 10 Legal Mistakes For Start-Ups

1. You Haven’t Lawyered Up. OK, that may be a little dramatic, but the worst case scenario is that you have a handshake deal with your co-founders. After all, we are all buds, this won’t go wrong. Even if it never goes...more

12/23/2014 - Accountants Corporate Counsel Entrepreneurs Funding Partnerships Small Business Startups

Thinking of buying your child their own laptop or smart phone? Read this first – a look at whether parents are liable for their...

A Georgia seventh-grader created a fake Facebook profile that defamed a classmate, according to this Wall Street Journal story. In middle school fashion (I am not looking forward to parenting through this period), a boy...more

12/9/2014 - Facebook Liability Minors Offensive Language Social Media

What exactly does Texas Intrastate Crowdfunding Look Like?

As you probably read, the Texas Securities Board approved intrastate crowdfunding yesterday without limiting it to accredited investors. For those wanting to issue equity through intrastate crowdfunding: -...more

10/24/2014 - Compliance Crowdfunding Funding SEC Securities Act of 1933

Former FTC Regional Director and Court of Appeals Justice Answers What To Do When the FTC Investigates

We like to give you information that helps you stay off the radar of the Federal Trade Commission with posts. But, what do you do if the FTC does investigate? I asked newly-minted Gray Reed & McGraw shareholder Justice Jim...more

10/9/2014 - Compliance Corporate Counsel FOIA FTC Investigations

Lawyers Fighting Over Domain Names Never Looks Good

Law360 reported that two competing DUI defense lawyers are fighting over the domain name Well-known DUI attorney Tyler Flood is the plaintiff. He has been using the domain name for almost...more

10/1/2014 - ACPA Domain Names Trademark Litigation Trademarks UDRP

Texas High Court Rules Improper Photography Law Unconsitutional; Or, Why You Care a Creepy Dude Is Not Guilty

The Texas Court of Criminal Appeals ruled in a 8-1 decision yesterday that the “Improper Photography and Visual Recording Act” is facially unconstitutional. The case involved a guy who allegedly took pictures of kids at a...more

9/19/2014 - Consent Invasion of Privacy Photographs

Unmasking the anonymous online critic – first, there is the matter of jurisdiction

On Friday, the Supreme Court of Texas issued a 5-4 decision holding a plaintiff needs to establish jurisdiction over an anonymous blogger before a court will allow pre-suit discovery that would likely unmask the blogger’s...more

9/11/2014 - Anonymity Discovery Jurisdiction Online Reviews Popular

The Supreme Court of Texas Rules Injunctions for Defamation Not Proper and Requires Proof of Damages

On Friday, the Supreme Court of Texas issued two important defamation rulings. The first, Kinney v. Barnes, held that injunctions to prohibit defamatory speech do not pass constitutional muster. ...more

9/2/2014 - Defamation Injunctions Proof of Loss

Lawsuits Against Social Media Sites Rarely a Good Idea – This One Probably Isn’t Either

A Houston area woman has sued Facebook asking for $123 million because Facebook was slow to take down a fake a profile created by her ex-boyfriend with pornographic images. The plaintiff sued Facebook and the...more

8/25/2014 - Breach of Contract Defamation Facebook Intentional Infliction of Emotional Distress Invasion of Privacy Negligence Popular Revenge Porn Social Media

How to Enforce Terms of Service for Online Social Media Promotions and Contests

General Mills incurred blowback on social media earlier this year when it was suggested the company sought releases for all claims whatsoever from anyone who visited the company Facebook page. The truth, as always, was not as...more

8/19/2014 - Contests & Promotions Social Media Terms of Service

Using Images Without Permission is No Monkey Business

Who owns the rights to a selfie taken by a monkey? While it sounds like a law school exam, it is based on a real story as reported here by the American Bar Association. According to the article, a monkey picked up the...more

8/12/2014 - Copyright Photographs Popular Wikimedia

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