Controversial Ninth Circuit Ruling May Limit the Availability of the DMCA Safe Harbor for Websites Relying on Moderators

Comments Off on Controversial Ninth Circuit Ruling May Limit the Availability of the DMCA Safe Harbor for Websites Relying on Moderators Written by on April 13, 2017 | Posted in Copyright Cases of Interest, Copyright Infringement, IP Licensing Litigation

Print this postA controversial ruling by the Ninth Circuit Court of Appeals was issued last week, which has the potential to discourage websites from relying on moderators for user-generated content going forward. In the case of Mavrix Photographs LLC v. LiveJournal, Inc., No. 14-56596 (9th Cir. filed April 7, 2017), the Court ruled that agency […]

Passage of Defend Trade Secrets Act Provides Silicon Valley Companies New Trade Secret Enforcement Tools

Comments Off on Passage of Defend Trade Secrets Act Provides Silicon Valley Companies New Trade Secret Enforcement Tools Written by on May 3, 2016 | Posted in Commercialization of Intellectual Property, IP Legislation, Trade Secret Legislation

Print this postWhen Congress passed the Defend Trade Secrets Act last week, legislators significantly expanded the tools available to Silicon Valley companies for addressing acts of trade secret misappropriation.  Previously, trade secrets law had been largely a matter of state law, and U.S. companies seeking to file a claim for trade secrets misappropriation had been […]

Copyright Reform on the Table in Congress: Songwriter Equity Act of 2015 Introduced in the House of Representatives

Comments Off on Copyright Reform on the Table in Congress: Songwriter Equity Act of 2015 Introduced in the House of Representatives Written by on March 18, 2015 | Posted in Commercialization of Intellectual Property, Copyright Legislation

Print this postCopyright reform is on the table again in Congress.  A bill to amend the Copyright Act has just been introduced: the Songwriter Equity Act of 2015.  The text of the bill is available at the attached link.  Surprisingly, the bill was introduced by Rep. Doug Collins from the 9th District of Georgia.  While […]

Lessons from the Copyright Infringement Verdict Against Robin Thicke and Pharrell Williams

Comments Off on Lessons from the Copyright Infringement Verdict Against Robin Thicke and Pharrell Williams Written by on March 12, 2015 | Posted in Commercialization of Intellectual Property, Copyright Cases of Interest, Copyright Infringement, IP Licensing Litigation, Music Licensing

Print this postA verdict was reached earlier this week in the copyright infringement case between Robin Thicke and Pharrell Williams and the children of Marvin Gaye, finding that the 2013 song “Blurred Lines” infringed on the copyright in Marvin Gaye’s 1977 song “Got to Give it Up.”  Tech Times reported that Gaye’s children have been […]

Pitfalls in Negotiating and Drafting Exclusive Licensing Deals: Lessons from Macy’s Dispute with JcPenney’s Over its Martha Stewart Product Line

Comments Off on Pitfalls in Negotiating and Drafting Exclusive Licensing Deals: Lessons from Macy’s Dispute with JcPenney’s Over its Martha Stewart Product Line Written by on March 4, 2015 | Posted in Commercialization of Intellectual Property, IP Licensing Deals, IP Transactions

Print this postWhen a new client contacts me for assistance in negotiating a licensing deal, the client almost always informs me that the deal is going to be an exclusive licensing arrangement.  However, when I engage the client further to tell me more about the proposed exclusivity deal, in most cases the proposed terms on […]

Practical Tips on Choosing your Start-Up’s Name

Comments Off on Practical Tips on Choosing your Start-Up’s Name Written by on February 27, 2015 | Posted in Commercialization of Intellectual Property

Print this postGiven my Silicon Valley location, I often am consulted by entrepreneurs and start-ups who have just started a business and are seeking advice on how to protect their trademarks.  However, more often than not, I quickly determine that the name that the entrepreneur or start-up has selected is a poor mark and my […]

Challenges of Negotiating a Licensing Deal with a Start-Up

1 Comments Written by on September 12, 2014 | Posted in Commercialization of Intellectual Property

Print this postI recently gave a webinar on Negotiating License Agreements with Start-Ups, and wanted to follow up on that program with some comments for Silicon Valley IP Licensing Law Blog readers on some of the challenges that companies may face when negotiating an IP licensing deal with a start-up. In the years that I […]

Getty Images Copyright Dispute Against Microsoft to Challenge Legality of Recently Released Widget

Comments Off on Getty Images Copyright Dispute Against Microsoft to Challenge Legality of Recently Released Widget Written by on September 5, 2014 | Posted in Commercialization of Intellectual Property, Copyright Cases of Interest, Copyright Infringement, IP Licensing Litigation

Print this postGetty Images made news in the copyright world this week by filing a complaint against Microsoft Corporation in the Southern District of New York  for “infringing and facilitating the massive infringement of [its] copyrights” through its release of the new Bing Image Widget service.  To review the full complaint, click here. The case […]

Landmark Copyright Verdict Against Media Companies Serves as Cautionary Tale to All

Comments Off on Landmark Copyright Verdict Against Media Companies Serves as Cautionary Tale to All Written by on February 10, 2014 | Posted in Commercialization of Intellectual Property, Copyright Cases of Interest, Copyright Infringement, IP Licensing Litigation

Print this postIn case you missed the headlines late last year, freelance photographer Daniel Morel was awarded a $1.2 million damage verdict against Agence France-Presse (“AFP”) and Getty Images after it was found that they willfully infringed Mr. Morel’s photos of the 2010 earthquake in Haiti.   The verdict caught my attention given the fact so […]

Supreme Court Rules that Patent Owner Bears Burden of Proving Infringement in Licensing Dispute

Comments Off on Supreme Court Rules that Patent Owner Bears Burden of Proving Infringement in Licensing Dispute Written by on February 8, 2014 | Posted in Commercialization of Intellectual Property

Print this postThe U.S. Supreme Court recently issued a decision in the licensing dispute case of Medtronic Inc. v. Mirowski Family Ventures, LLC, where the Court held that the patent owner had the burden of proving infringement when the licensee files a declaratory judgment action in a patent licensing dispute. What are the facts in […]

Supreme Court to Hear Streaming TV Over the Internet Case

Comments Off on Supreme Court to Hear Streaming TV Over the Internet Case Written by on February 3, 2014 | Posted in Content Licensing, Copyright Infringement, IP Licensing Litigation

Print this postLike many cable and satellite TV consumers these days, I have been closely following the new options on the market for streaming TV service and hoping that the day will soon come when I can significantly reduce my monthly subscription costs without cutting off my access to live TV.   With the cost […]

Copyright Office Seeking Comments on Possible Change to Small Claims Remedies

Comments Off on Copyright Office Seeking Comments on Possible Change to Small Claims Remedies Written by on October 5, 2012 | Posted in Copyright Infringement, Copyright Legislation

Print this postAs an attorney who largely represents small businesses and entrepreneurs, I have often found myself in the tough position of explaining to someone with limited resources just how difficult it was going to be to go after an infringer.  Either it is simply too cost-prohibitive to go after an infringer, or the client […]

Google Reaches Settlement with Book Publishers in Copyright Infringement Case

Comments Off on Google Reaches Settlement with Book Publishers in Copyright Infringement Case Written by on October 5, 2012 | Posted in Copyright Infringement

Print this postGoogle has reached a settlement with several major American publishing companies, including but not limited to McGraw-Hill, Pearson Education and Penguin, John Wiley & Sons and Simon & Schuster  in a copyright infringement case challenging Google’s decision to scan the book collections of many major universities.  The Los Angeles Times is reporting that […]

Google Announces Controversial Decision to Factor Receipt of DMCA Notices into Ranking of Websites

Comments Off on Google Announces Controversial Decision to Factor Receipt of DMCA Notices into Ranking of Websites Written by on August 15, 2012 | Posted in Content Licensing, Copyright Infringement

Print this postGoogle has just made a controversial announcement that it will now be factoring the number of “valid” DMCA notices that it receives on a particular website into how it ranks that website in its search results. The Wall Street Journal reported: Google’s move comes as Google itself is attempting to become a major […]

How Does an Entrepreneur Protect His or Her Ideas for Launching a New Start-Up?

Comments Off on How Does an Entrepreneur Protect His or Her Ideas for Launching a New Start-Up? Written by on July 18, 2011 | Posted in Commercialization of Intellectual Property, trade secrets

Print this postWhen an enterpreneur calls me with questions about launching a new start-up, he or she is inevitably concerned about a single issue: protecting his or her ideas. Most are a little disappointed to learn that ideas alone are not something that you can protect with an IP filing. So, if ideas alone are […]

Hiring a Third Party to Create for You? Don’t Forget the Copyright Assignment

Comments Off on Hiring a Third Party to Create for You? Don’t Forget the Copyright Assignment Written by on July 17, 2011 | Posted in Copyright Assignment, Employment Agreements

Print this postIn this day and age, it is very easy to find someone to create almost anything for you or your business at the mere click of the mouse; however, what most people forget when they make that easy hiring decision: paying for the work does not mean that you OWN what was created–it […]

New Start-Ups Should Consider Collaboration Agreement as Alternative to Equity Agreement

Comments Off on New Start-Ups Should Consider Collaboration Agreement as Alternative to Equity Agreement Written by on July 10, 2011 | Posted in Commercialization of Intellectual Property, Employment Agreements

Print this postGiven my Silicon Valley location, I often receive calls from start-ups who want to “give equity” to a developer that they’ve just started working with. When I receive these calls, I inevitably have a talk with the client or prospective client urging them to consider an alternative: entering into a collaboration agreement with […]

Technology Transfer Tactics Interviews Kristie Prinz on Tech Transfer Commercialization Dilemma

Comments Off on Technology Transfer Tactics Interviews Kristie Prinz on Tech Transfer Commercialization Dilemma Written by on February 12, 2010 | Posted in Commercialization of Intellectual Property

Print this postI wanted to share with blog readers an interview that I recently had with Technology Transfer Tactics on the issue of whether poster presentations jeopardize a tech transfer office’s commercialization offices. While the issue does not have much application to the business world and is really very specific to intellectual property which is […]

Associated Press Interview Offers Some Insight on its Plans to Police Blogosphere

Comments Off on Associated Press Interview Offers Some Insight on its Plans to Police Blogosphere Written by on June 4, 2009 | Posted in Content Licensing, Copyright Infringement, IP Licensing News

Print this postAs the Silicon Valley IP Licensing Blog has been reporting, the Associated Press has already initiated an effort to impose its view of what constitutes fair use on the blogosphere. However, I came across today an interesting interview by Ars Technica, which offers some insight on how the Associated Press plans to go […]

Copyright Office Issues Response to Backlog Reports

Comments Off on Copyright Office Issues Response to Backlog Reports Written by on May 31, 2009 | Posted in Copyright Registration

Print this postThe Copyright Office has issued a response to last week’s reports of a backlog at the Copyright Office. In an email sent out to Copyright Office subscribers, the Copyright Office stated as follows: A recent Washington Post article focused on the lengthy processing times the Copyright Office is experiencing in wake of its […]

Copyright Office Announces Fee Increases Effective August 1, 2009

Comments Off on Copyright Office Announces Fee Increases Effective August 1, 2009 Written by on May 28, 2009 | Posted in Copyright Registration

Print this postThe Copyright Office has announced that a new fee increase will be effective August 1, 2009. Attached is the Analysis and Proposed Fee Adjustment Schedule submitted by the Copyright Office to Congress. I spent a few minutes reviewing the new pricelist, and in my opinion, the increases are fairly modest and should not […]

Backlog Issues No Longer Limited to USPTO; Copyright Office Also Experiencing Long Delays

Print this postThe Washington Post reported last week that the backlog issues, which once were limited to the Patent Office have now spilled over into the Copyright Office as well. According to the Washington Post, the delays mean that it now takes eighteen months instead of six months to receive a copyright registration, and the […]

Blogosphere Reacts to Licensing Terms for Amazon’s New Kindle Publishing for Blogs

Comments Off on Blogosphere Reacts to Licensing Terms for Amazon’s New Kindle Publishing for Blogs Written by on May 26, 2009 | Posted in Commercialization of Intellectual Property, Content Licensing, Copyright Infringement, IP Licensing News

Print this postAmazon has just released the beta of its new Kindle Publishing for Blogs, and the blogosphere is starting to react to Amazon’s new licensing terms in its terms and conditions. What are bloggers saying? Well, the early consensus seems to be that while the concept of blog content licensing to Kindle is good, […]

Copyright Infringement on the Internet: Problem is No Longer Confined to Entertainment industry

1 Comments Written by on May 16, 2009 | Posted in Copyright Infringement

Print this postHave you done a search on the web lately to see if any of your company’s creative works have been infringed? Well, according to an article by The Mercury News discussing these new trends in digital piracy, publishers and authors are increasingly discovering that unauthorized copies of their works are being sold over […]

Collaborating Can Create Legal Headaches if the Appropriate IP Agreements Are Not in Place

Print this postIf you run a small business, you have probably given some thought over this recession to how you might be able to collaborate with other businesses to generate some additional revenue for your business. I know that this is definitely something that I have been thinking about for my practice, and it is […]

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