In an important decision that many were watching for guidance on the scope of copyright protection afforded software, in the recent Google LLC v. Oracle America, Inc. copyright dispute, the Supreme Court weighed in on the scope of protection available for application programming interfaces (APIs). » Read More

Twenty-three years after the passage of the Digital Millennium Copyright Act (“DMCA”), the social media landscape remains a “Wild Wild West” for copyright owners. Though not afforded the attention attracted by the spread of misinformation on these platforms, copyright enforcement can be an uphill battle for copyright owners, as social media companies struggle to enforce rules of conduct for the enormous output of third-party content they host. » Read More

In the social media age, sharing is the name of the game. Whether it’s a social media post, a viral image, or even an instructional video, you might want to add it to your own social media platform or even your webpage. » Read More

For decades, federal courts around the country have split over whether a U.S. copyright registration is required to bring an infringement action, or whether the filing of an application with the U.S. Copyright Office is sufficient. At long last, the U.S. » Read More

Last week, my partners, Danielle DeFilippis and Deanna Koestel, and I had the pleasure of attending The New Jersey Food & Beverage Summit hosted by NJBIZ.  Our firm sponsored the event.  We enjoyed a series of informative panel discussions, as reported in our last post, as well as the exhibits put on by a wide range of food manufacturers, vendors, and students of food science.  » Read More

We are excited to present the breakout session, “Appetite for Branding,” during the FoodBiz NJ conference, sponsored by NJBIZ, on Tuesday, April 24, at The Palace at Somerset Park in Somerset. Along with Esther Psarakis, Managing Partner of Foodpreneur, we will discuss the business and legal challenges of branding in the food and beverage industry, and protecting restaurant decor. » Read More

A while back, I wrote an article for Metropolitan Corporate Counsel on buying and selling intellectual property (“IP”) assets, which include trademarks and copyrights, as part of the sale of all or part of a business.  It’s one of those “oldie but goodie” resources I frequently consult.   » Read More

The Digital Millennium Copyright Act (DMCA for short) contains a number of provisions helpful to copyright owners who suffer online infringement, which is frequently perpetrated anonymously.  Of particular importance is the “take down” provision, which enables the copyright owner to write to the “Internet Service Provider” (“ISP”) whose site contains infringing content demanding its removal.  » Read More

Last year, the Fourth Estate Public Benefit Corporation filed a petition asking the Supreme Court to determine whether for purposes of instituting a copyright infringement action, a claimant’s “registration” has been made once the claimant has applied for the registration (application approach) or once the Copyright Office has acted on that application (registration approach).  » Read More

Get ready to hear rousing renditions of Happy Birthday to You (“Happy Birthday”) on TV shows, in movies, and at your favorite local restaurant.  A federal judge on Tuesday ruled that Warner/Chappell Music (“Warner”) does not hold a valid copyright in the famous birthday song, determining that the lyrics to the song were not protected by copyright, and thus the song is part of the public domain. » Read More