Here is a case from the opposite coast of the United States. This case may be looked at as persuasive authority in cases filed in the 9th circuit...more
1/9/2025
/ California ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Discovery ,
Evidence ,
Infringement ,
Intellectual Property Litigation ,
Jury Trial ,
Liability ,
Photographs ,
Settlement ,
The Copyright Act
Having handled copyright photo infringement cases for years now, one common defense I hear raised by business owners who are found to have infringed my client's copyrighted images is "I am not to blame, I hired a webmaster or...more
12/24/2024
/ Advertising ,
Business Ownership ,
Commercial General Liability Policies ,
Contributory Infringement ,
Copyright ,
Copyright Infringement ,
Direct Infringement ,
Independent Contractors ,
Photographs ,
Social Media ,
Third-Party ,
Vicarious Liability ,
Webmaster Tools ,
Websites ,
Written Consent
A new IP rights enforcement company has popped up on the Vondran Legalr IP infringement radar. Here is what I learned....more
12/24/2024
/ Copyright ,
Copyright Infringement ,
Copyright Office ,
Copyright Registration ,
Demand Letter ,
Enforcement ,
Fair Use ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Negotiations ,
Parody
According to the United States Copyright Office Circular 14:
"A derivative work is a work based on or derived from one or more already existing works. Common derivative works include translations, musical arrangements,...more
Flava Works used to file a good number of file-sharing lawsuits. I have not seen alot lately. However, they have just filed a mass Doe Defendant lawsuit in Illinois Federal Court (Northern District) alleging copyright and...more
10/11/2024
/ Attorney's Fees ,
Copyright ,
Copyright Infringement ,
File Sharing ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Lanham Act ,
Preliminary Injunctions ,
Restraining Orders ,
Settlement ,
Terms and Conditions ,
The Copyright Act ,
Trademark Infringement ,
Trademarks
Restaurant, bar, club and tavern owners around the United States need to make sure they are properly licensing boxing fights for commercial usage before broadcasting the fight in their establishments. There are several...more
8/28/2024
/ Attorney's Fees ,
Broadcasting ,
Cause of Action Accrual ,
Commercial Use ,
Compensatory Damages ,
Copyright ,
Copyright Infringement ,
Intellectual Property Protection ,
Licensing Rules ,
Piracy ,
Popular ,
Statutory Damages ,
Telecommunications Act ,
Unauthorized Access
This blog involves a unique approach being used by a Hawaii law firm to seek to uncover the name, address, email address, MAC address and other information about alleged copyright infringers. The firm is using a DMCA 512(h)...more
8/27/2024
/ BitTorrent ,
Broadband ,
Cease and Desist Orders ,
Copyright ,
Copyright Ownership ,
Damages ,
Discovery ,
DMCA ,
Enforcement ,
Infringement ,
Intellectual Property Protection ,
Internet Service Providers (ISPs) ,
Settlement ,
Subpoenas
I saw this question online and decided to answer it here on my blog. It raises some very interesting and timely questions about the scope and reach of copyright law in our modern age.
Many people want to know, is police...more
5/14/2024
/ Artificial Intelligence ,
Authorship ,
Body Worn Cameras ,
Copyright ,
Copyright Office ,
Derivative Works ,
Digital Media ,
DMCA ,
Fair Use ,
FOIA ,
Intellectual Property Protection ,
Law Enforcement ,
Police ,
Police Dash-Cameras ,
Public Domain ,
State and Local Government ,
Technology ,
Transformative Use ,
USPTO ,
YouTube
Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who...more
4/26/2024
/ Advertising ,
California ,
Cause of Action Accrual ,
Civil Code ,
Consent ,
Copyright ,
Damages ,
Disgorgement ,
Intellectual Property Protection ,
Invasion of Privacy ,
Loss of Goodwill ,
Marketing ,
Misappropriation ,
Name and Likeness ,
Punitive Damages ,
Reputational Injury ,
Right of Publicity
Generally, an attorney can issue subpoenas. However, when you seek to serve an Internet Service Provider ("ISP) to find out the name and address of the subscriber (who may be an infringer of your IP), the Cable Privacy Act...more
4/9/2024
/ Communications Act of 1934 ,
Compliance ,
Copyright ,
Disclosure Requirements ,
Infringement ,
Internet Service Providers (ISPs) ,
Patents ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Reasonable Expectation of Privacy ,
Subpoenas ,
Subscribers ,
Trade Secrets ,
Trademarks
Maintaining your anonymous status when you are a John Doe defendant in a strike 3 holding porn litigation just got a bit trickier, at least in the 3rd Circuit. In this jurisdiction, a defendant may have to prove to the...more
4/4/2024
/ Anonymity ,
BitTorrent ,
Copyright ,
Copyright Infringement ,
Documentation ,
File Sharing ,
Internet Service Providers (ISPs) ,
Jurisdiction ,
Pornography ,
Protective Orders ,
Reputational Injury ,
Sealed Records
This blog is written by Arizona copyright lawyer Steve Vondran. Vondran Legal has handled hundreds of federal court litigation cases since its founding in 2004. One important area we practice is restaurant IP law, which...more
2/19/2024
/ Arizona ,
Attorney's Fees ,
BMI ,
Broadcasting ,
Cease and Desist Orders ,
Compensation ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Intellectual Property Protection ,
Joinder ,
Legal Costs ,
Licensing Rules ,
Music Industry ,
Royalties ,
The Copyright Act
With the advent of AI technology capable of replicating a person's voice and utilizing it for commercial purposes, several key legal issues are likely to emerge under California's right of publicity law. The right of...more
1/22/2024
/ Advertising ,
Artificial Intelligence ,
Authorship ,
Civil Code ,
Copyright ,
Damages ,
Deep Fake ,
False Designation of Origin ,
False Endorsements ,
Intellectual Property Protection ,
Lanham Act ,
Machine Learning ,
Name and Likeness ,
Popular ,
Right of Publicity ,
Trademarks
Mickey Mouse is one of the most prolific cartoon characters of all time. Walt Disney incorporated in 1923 and first aired a video of Mickey Mouse (which I shall refer to as Mickey Mouse 1.0) in the short cartoon "Steamboat...more
According to their website they are an IP enforcement law firm that helps artists protect their content. We know them from pursuing many copyright infringement cases dealing with all kinds of photograpy. They list offices...more
12/12/2023
/ Artists ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Damages ,
Enforcement ,
Fair Use ,
Intellectual Property Protection ,
Licenses ,
Photographs ,
Public Domain ,
Settlement ,
Work-For-Hire ,
Written Agreements
Having handled nearly a 1,000 software compliance audits with copyright clients large and small, I am setting forth my findings of the best to the worst companies, in my opinion, in terms of fairness, undue aggressiveness,...more
12/5/2023
/ Anti-Piracy ,
Audits ,
Blockchain ,
Compliance ,
Copyright ,
Copyright Infringement ,
Enforcement ,
Ethereum ,
EULA ,
Intellectual Property Protection ,
Licensing Rules ,
Piracy ,
Software
As a YouTube creator myself (check out my popular legal information channel here), I have recently come to post "short" videos. These are videos under one minute, where I usually post them as a "teaser" and post a link to...more
9/8/2023
/ Audio Recording ,
Content Marketing ,
Content Strategy ,
Copyright ,
Copyright Infringement ,
Licensing Rights ,
Marketing ,
Online Videos ,
Third-Party ,
User-Generated Content ,
YouTube
Things That Can Be Subject to Copyright Protection (Original Works of Authorship, Fixed in a Tangible Medium of Expression).
Photograph -
Images -
Illustrations -
Paintings...more
8/15/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Appeals ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Management Information (CMI) ,
Damages ,
Fair Use ,
Fine Art ,
Intellectual Property Protection ,
Penalties ,
Photographs ,
Prince ,
SCOTUS ,
The Copyright Act ,
Transformative Use
Your products and product designs are the life blood of your business. However, many companies don’t think about protecting their creative product designs, and product packaging with intellectual property registrations. This...more
There are many different types of Copyright plaintiffs who sue for unlawful and unlicensed use of their copyright-registered content. For example, our firm has dealt with the following types of copyright defense brought by...more
If you are being sued (or pursued) for copyright infringement, you will likely get a demand letter from a copyright law firm informing you that you have "willfully infringed" their clients software. They might also point out...more
We have already seen one MASS SOFTWARE PIRACY case filed this year by Siemens, and now on the heels of that lawsuit (also filed in Texas) there is another lawsuit filed by Ansys, Inc. filed by the Law Offices of John F. Lumen...more
3/10/2023
/ Copyright ,
Copyright Infringement ,
Copyright Registration ,
Data Collection ,
DMCA ,
Due Diligence ,
Hackers ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Licensing Rules ,
Piracy ,
Software
Attorney Steve® Photo Infringement News for Real Estate Professionals -
My law firm is a boutique intellectual property law firm with a strong focus on copyright issues, including photographs and drone videos. We are...more
3/7/2023
/ Contract Terms ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Drones ,
Employee Handbooks ,
Employment Contract ,
Intellectual Property Protection ,
IP License ,
Licensing Rules ,
Online Videos ,
Penalties ,
Photographs ,
Social Media
Strike 3 Holdings (S3”) has filed THOUSANDS of copyright infringement lawsuits, and usually manages to settle quite a few of them. However, they do not always prevail in their bringing of these actions (usually in a federal...more
This blog will tell you about some of the basics companies should know when faced with a licensing compliance audit.
1. Here is their audit clause
21.5 Compliance -
Autodesk has the right to verify the installation of,...more