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Sunday, December 2, 2012

Learning About Copyright Law

While patents are intended to safeguard the unauthorized use of inventions and designs, copyrights are intended to protect words, music, images and other forms of creative content. Under copyright rules, a creator has the right to control the use, reproduction, distribution and display of their creation.

These regulations provide these nationwide rights so a person can feel a sense of ownership regarding their works and creations.

Exactly what does it protect?

In addition to words, music and images, copyright regulation protects architectural designs, computer software, films and other specified works.

The legislation isn't going to protect ideas, procedures, discoveries or devices "as distinguished from a description, explanation or illustration."

To understand whether your creation is appropriate for copyright, you can easily seek the advice of a nationwide copyright rules law firm. A nationwide copyright law attorney can tell you whether your creation may be protected.

Precisely how do I obtain it?

Technically, a copyright is given automatically from the instant something is created. But there are legal advantages to registering a copyright with the United States Copyright Office. This gives you much better protection of your creation, as it maintains a nationwide public record of your copyrighted work. Moreover, infringement lawsuits may be filed once a copyright is registered.

To apply, you can use the online system of the U.S. Copyright Office, or you can apply with the help of a nationwide copyright legislation lawyer.

Granting Rights

In order to grant somebody the exclusive use of your creation for commercial or other purposes, the law necessitates that an assignment or license be preserved in writing, and signed by the copyright owner. This document must identify the creation and specify the rights to be given.

How long do they last?

A copyright will survive throughout the entire lifetime of the creator, and will not expire until 70 years after the creator's death. If a creation has multiple creators, it will last from the date of its creation until 70 years after the death of the last remaining creator.

Where can I get help copyrighting my creation?

If you need answers or advice regarding copyright regulation, you can contact a nationwide copyright law legal professional. A nationwide copyright rules legal professional can assist you anywhere in the United States. A legal professional can help you apply, secure your rights and protect your creation from infringement.

Marking Product With Patent Numbers Post Pequignot Vs Solo Cup

Many companies choose to seek additional patent protection by labeling their product with a patent number. Under 35 U.S.C. §292 (a), a qui tam action may be brought against an entity that marks on "any unpatented article, the word 'patent' or any word or number importing that the same is patented for the purpose of deceiving the public." The resulting fine for violation of the statute is "not more than $500 for every such offense." Id. The Court of Appeals for the Federal Circuit ("C.A.F.C.") held in Forest Group, 590 F.3d 1295, that every falsely marked article constituted a separate offense. In many situations, this could create a potential for astronomical damages if a company, seeking patent protection, marks a mass-produced product with an expired patent number.

In Pequignot v. Solo Cup Company, the C.A.F.C. added additional insight into this situation. No. 2009-1547 (C.A.F.C. June 10, 2010). On May 4, 1976, Solo was issued a patent for a plastic drink cup lid. Upon being issued the patent, Solo created "mold cavities" that would form the lids in a thermoforming machine. The mold cavities had the patent number formed into them, such that when the lids where being formed the patent number would be imprinted onto each lid. Solo's patent for the lids expired on June 8, 1988, but Solo was not aware that it was marking its product with an expired patent number until June 2000. After seeking outside counsel, Solo determined that because it would be too costly to replace all of the mold cavities at once it would wait for each mold cavity to wear out and upon wearing out replace each mold cavity with a new mold cavity that no longer included the patent number.

In September 2007, Pequignot brought a qui tam action against Solo cup accusing Solo of falsely marking its plastic lids and some additional packaging. Pequignot sought an award of $500 per article of falsely marked product with a total of 21,757,893,672 claimed falsely marked products. The district court found for Solo Cup and the C.A.F.C. affirmed for much of the same reasoning as the lower court. Both courts found that Solo Cup did not act with the "purpose of deceiving the public" as was required under §292. The courts found that Solo Cup successfully rebutted the presumption of "purpose to deceive" by presenting evidence that they were following the guidance of legal counsel. Solo established for the court that their motiviation was not to deceive the public into thinking that they still had patent protection for the plastic lids, but their motivation to not immediately change their mold cavities was to reduce business costs and business disruption.

The decision in Pequignot v. Solo Cup leaves open the question of how long a company can rely on reducing business costs and business disruption before a court will find that the company is acting with the intent to deceive the public. In many circumstance, a mold cavity may last far longer than the life of a given patent. It is rarely going to be cost effective to stop production once a patent expires and retool the factory or replace all of the mold cavities within the production line. While the above decision allows for some leniency in determining when a company has acted with the "purpose of deceiving the public," manufacturers likely should have policy in place to track when a given patent has expired and begin to phase out mold cavities or other marking apparatus as soon as economically feasible after expiration.

The Merits of Moving a Business Or Domain Name Portfolio Outside of the United States

Some courts have declined to exercise in rem jurisdiction where there is no associated registrar, registry, or other authority associated with the domain names. This is particularly important to keep in mind when making a determination about how best to enforce your intellectual property rights. There are two major methods for enforcing these rights;

One, the Anti-cybersquatting Protection Act (ACPA) enables litigation to be brought by the owner of a trademark against domain name registrants where the complainant can establish that the registrant; (1) has a bad faith intent to profit from the mark, (2) registers, traffics in, or uses a domain name, (3) that is either identical or confusingly similar to a distinctive mark or is identical, confusingly similar or dilutive of a famous mark

Two, the Uniform Domain Name Dispute Resolution Policy (UDRP) has been uniformly integrated into the global market of the registration of domain names by the Internet Corporation for Assigned Names and Numbers (ICANN). Importantly, domain registrars provide little if any oversight to make sure consumer registrants are not registering domain names that would infringe upon the rights of a trademark or brand owner. However, any entity registering a domain name automatically must represent and warrant that such registration does not impinge upon the rights of any third party (brand owner). Further, the UDRP ensures that all domain registrants agree to participate in an arbitration-like proceeding should any third party assert a claim against the domain name or registrant.

Any third party asserting a claim against a domain name or registrant must prove the following in order to be successful in a UDRP proceeding;

(1) The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; (2) The registrant does not have any rights or legitimate interests in the domain name; and (3) The registrant registered the domain name and is using it in "bad faith."

The UDRP enables suit to be filed against a domain name, registered anywhere globally, because of the mandatory opt-in to arbitration when registering a domain name. Somewhat more situational is the ability to file a successful suit under the ACPA. This is because not all courts handle jurisdiction over foreign registered domain names equally. For instance, some state jurisdictions do not authorize an exercise of jurisdiction over domains where there is no registrant, registrar, registry or other authority associated with the domain names in that state.

The state of Nevada is among those jurisdictions. The recent ACPA lawsuit filed in Nevada by Andre Agassi and his wife, Steffi Graf, serves poignantly to illustrate this point. Deborah Logan wrote in her article "Moving Offshore Jurisdiction in an Internet World Without Borders" summarizing the World Class Tennis Stars' attempt to derail 3rd party cybersquatters who had registered domain names with the Stars' personal names;

"No registrar, registry or other authority associated with the domain names was located in Nevada, and the court found that no in rem jurisdiction could be exercised over the domain names. It appears that plaintiffs had intended to serve the complaint on the domain name registrars in the hope that the registrars would sign Registrar Certificates to be deposited with the district court in Nevada thereby establishing jurisdiction over the domain names. However, this strategy failed."

However, it is important to note that this Nevada decision is not representative of a national stance on jurisdiction over foreign defendants. In contraposition to Nevada, there have been several court cases in recent years have held that US courts can still claim jurisdiction over a domain name regardless of the location of the registrant or domain name registrar.

It is also important to take note that any domain name or owner of a Website that has direct contact with individuals in the US (ex: stream of commerce- sale and export of items from a foreign source into the US), will likely be susceptible to personal jurisdiction in any US state.

To muddy up the waters further, sometimes the act of moving a domain name portfolio to a non-US registrar is viewed by the courts as evidence of bad faith, which when taken into account in giving the ruling can have a very damaging effect on a domain name or Website owner's prospects of winning a UDRP or ACPA dispute.

To summarize, a UDRP proceeding likely always available against an infringing domain name. Suit filed under the ACPA is more likely to succeed in establishing some sort of jurisdiction over the defendant if the registrant, registrar, registry, or other authority associated with the domain is located within the same judicial district as the suit was filed in. Selling items to US consumers likely submits that Website or its owner to personal jurisdiction in the US. And, be wary of moving a domain portfolio overseas so as not to give evidence of bad faith.

Why Protecting Your Business Is Vital

You are an offline and online business owner; your website and blog generates business for your physical location on Main Street. According to Tom Donahue, president and CEO of the U.S. Chamber of Commerce, as one of 26 million Americans you are the core of this nation's workforce. Businesses such as yours employ just under 100 percent of all of the employers in the U.S.

For several years now you have struggled through the current economic depression; your doors are still open. You are passionate about your business; who you are; what you do; what you bring to your customers: Plumber, architect, painter, landscaper, owner of a boutique. Internet business consultant, social media strategist, multi-level network marketer, direct sale distributor, you are the expert in your field.

As you prepare for 2011 your thoughts focus on all of the various protections you have set up for yourself, your family and your home. As a working-class citizen, just what type of insurance coverage do you have. You review your current list:

Life, health, home-owners, and auto insurance; these are the main types of coverage most people have. If you rent an apartment, you may have renter's insurance. As you sit in your living room and look around, you may also have warranties on your large kitchen and household appliances; your furniture; TV, camcorder, computer, game system, cell phone, and a few other electronic devices you may own.

As a private business owner, you are concerned about your expenses, services or merchandise, income, and taxes. In these difficult economic times, where do you gain the necessary capital to continue to operate and be successful? Then there is the risk management of your goods and/or services; you want to guard against the risk of a contingent and uncertain loss.

You do it all, but there's always more to do, always. It can be overwhelming, and it can distract you from the business of running your business. As a self-employed business owner, who handles the legal aspect of your business? If it's you, do you know how? Do you know what's available to you? Do you know what questions to ask?

As a customer, who do you call when your new washing machine quits and the manufacturer refuses to cooperate? What do you do when your jeweler sells you defective merchandise and the owner refuses a refund. What do you do if you slip on a wet floor in the store, are injured but the owner refuses liability?

Some of us may call on a relative or a friend who happens to be an attorney. That may work well, for that particular attorney's expertise. In doing business and providing goods and services, for any breach of contract or violations you may encounter, coverage is necessary because it provides legal protection against lawsuits, and gives you access to legal services for your own questions at minimum cost.

If you give a speech or a webinar online and accept customers for your business, other than a "money-back guarantee" for services rendered, what other protections do you have in the event you encounter a dissatisfied customer? These are questions your attorney relative/friend may not be able to answer.

The majority of your business transactions involve contracts. If you are an owner of a small restaurant you have to negotiate through many contracts; from renting the space; liability insurance, merchandise, phone service, city ordinances, state licenses and laws, physical business security; this lists goes on. If you were an online business owner you are also negotiating contracts. Domain name registration and legal issues with domain names; web hosting agreements; affiliate contracts; privacy agreements; service protection; copyrights and copyright infringements; trademarks and trade names; consumer rights protection; this list will go on and on. As business owners we constantly need quick access to legal advice and a law firm that can provide quick legal advice.

You may already have retained a tax attorney, a CPA, business investors or partners, and advertisers; all of which can be destroyed with a lawsuit. What if your insurance company is doing you an injustice, where would you go? What if your business partners are stealing from you, who would you contact?

When obtaining insurance for yourself, your family, your home and your possessions, preventive legal protection for your business can provide you consultations on an unlimited number of business questions, topics, and situations. A law firm can provide you with attorneys that are specialists in your particular industry.

As a private business owner a law firm can help your business gain a competitive edge for that larger contract that you feel you are qualified for, but may not know how to obtain.

Benefits of Understanding the Value of Your IP Starting Your Career As An Intellectual Property Lawyer Do You Need a Lawyer to Respond to a UDRP? What Is the Protection of Business Names Under Intellectual Property Law? Every Innovative Irish Idea Deserves to Be Protected Correctly in Law

Safeguarding Your Documents

The basic concept of estate planning is to be prepared - prepared for disability, for retirement... even for leaving your loved ones behind.

So, it only makes sense that part of creating an estate plan is gathering up your important documents and storing them in a safe place. Of course, your Will and your life insurance policy aren't the only documents that need protecting, just as disability and death aren't the only events you need to guard against.

The truth is disaster can strike at any time. Maybe it's a full-blown catastrophe such as a fire or flood or perhaps it's a more focused loss such as your computer's hard drive crashing.

The point is, the more prepared you are, the less you have to worry about finding the documents that you need.

So, what should you be protecting?

Well, for starters, your birth certificate, your Social Security card, your marriage license and divorce decrees.

Any documents regarding your children, such as birth records, adoption records, custody papers, medical records, shot records and the like.

Also remember to safeguard copies of all your estate planning documents (of course) along with life insurance policies, mortgage deeds, pension and retirement plan documents, tax returns, stock certificates, bonds and bank account numbers.

But wait... we're not done yet!

You should also collect and protect other not-so-obvious things like your address book, your pet's vaccination records, copies of any business contracts you've entered into and receipts and warranties that you need to keep.

Think about what you would miss if there were a fire and you had to act quickly. You wouldn't have time to grab much and certainly, you'd miss your furniture, but couches and televisions can be replaced.

What can't you replace? Your family photos? Your computer files? Login information, PINs and access codes for your accounts? What about the love letters that your spouse wrote to you years and years ago?

The beauty of technology is that you can preserve all these things. Scan them into your computer and then burn copies on CDs. You can send those copies to other family members for safe-keeping or store them in your safe deposit box at a bank. Off-site storage services allow you to create a complete and on-going backup of your entire hard drive for a small monthly service fee and an external hard drive allows you to grab your drive and go when there's not much time.

Your estate planning attorney should have copies of all your pertinent documents of course, but it never hurts to keep separate copies for yourself and your loved ones. Keeping these copies safely tucked away ensures that you'll always have what you need, no matter what the future might hold.

Intellectual Property and the Economics of Entertainment

There's been buzz over the past few weeks concerning how Condé Nast, the New York Times, and other publishing companies are busily preparing digital versions of their various publications. The gist is that they want to be ready for the only-rumored, yet heavily hyped, Apple Tablet. Apparently, the Kids From Cupertino have achieved such a level of credibility that corporations will pour money into preparing for a tablet-style computer that Apple might be thinking about launching maybe next year.

Here we have one more piece of evidence to indicate that the written word has begun its unavoidable migration from paper to the digital media. Good news for tree huggers; bad news for Hammermill, Champion, and anyone who owns a printing press. Not that the tactile enjoyment of a glossy magazine or well-produced book is likely to be replaced by a sterile LCD screen any time soon. And we won't be closing libraries and replacing them with giant servers in the foreseeable future. Of more immediate concern, however, is the effect the presumed Apple Tablet and the all-too-real Amazon Kindle may have on the source of all that content - the writers.

Over the past 20 years, digitization has changed the music industry. Album sales have declined over the past decade to the point where combined CD and download sales now represent only a fraction of what CD sales alone accounted for in 2000. Thousands of recording industry jobs have disappeared; so have thousands of retail record stores across the country. Today, the primary revenue source for the artists is live performances. Being a rock star ain't what it used to be.

Other forms of digitized entertainment, such as cinema and video games, are managing to hold their own against pirate attacks for the time being. But as books become easily shared digital files, how will the authors and their publishers be able to control unlicensed dissemination of the work? Will a Stephen King, a John Grisham, or a Dan Brown continue to produce entertaining works of fiction when the sales dollars begin to decline? Unlike music, there isn't a very lucrative market for live performances by an author.

There is no money in poetry, of course, and poets continue to write, don't they? The difference is that poets write for the purpose of self-expression, not to entertain others. A major difference between art and entertainment is that the latter requires a revenue stream to justify its existence. This isn't to say that works produced to entertain cannot also be art, but let's not forget that Shakespeare wrote plays to earn a living.

You cannot own what we call "intellectual property" any more than you can own an idea. What you can hold onto is the right to control the reproduction and dissemination of its physical manifestations - hence the term "copyright". Should writers and publishers be in a hurry to embrace a method of distribution so inherently vulnerable to illicit reproduction and sharing? If you had a novel going to press tomorrow, would you be willing to allow it to be published digitally as well? Do you see any way to protect book authors in the future... before they all turn to writing for the stage or screen? I'd be interested to know if you do.

By,

Robert Mattson

Executive Vice President- Creative Director & copywriter