Will a Disclaimer Help If I’m Sued? **Attorney Advertising**
Have you ever come across a video on YouTube that’s using someone else’s copyrighted content? If so, you might have noticed a copyright disclaimer in the description. This type of disclaimer is commonly known as a “fair use” disclaimer, and it’s included to help protect against copyright infringement claims. Section 107 of the Copyright Act […]
Is it 10%, 20% or 30%? How Much Do I Have to Change to Avoid Copyright Infringement? **Attorney Advertising**
Over the years, we’ve heard a lot of myths regarding how much a work needs to be changed to avoid being labeled as copyright infringement. Some people insist the rule is 10%, while others say it’s 20% or even 30%. You’ll find a plethora of threads on sites like Reddit and Quora asking this very […]
What Happens If My Graphic Designer Infringed On Someone’s Copyright? **Attorney Advertising**
Many business owners will utilize the services of a professional designer to create the graphics used on their website or social media accounts. The business owner obviously counts on the graphic designer to use files or photos that they’ve properly obtained a license for. But what happens if a graphic designer was not honest or […]
The Easiest Way to Get Sued for Trademark Infringement **Attorney Advertising**
You may be surprised to learn that one of the easiest ways to get sued for trademark infringement is to file a trademark application with the United States Patent and Trademark Office (USPTO). Yes… let that sink in. Merely applying to register a trademark is one of the top ways that people wind up on […]
Life Just Got Harder for Counterfeit Sellers with the Launch of Amazon’s New Counterfeit Crimes Unit **Attorney Advertising**
Last month, I wrote about my run-in with counterfeit sellers on Amazon when searching for a toddler drum set for my son. If you missed that post, one listing I came across showed a beautiful drum kit for under $3.00. At that price, who wouldn’t be tempted to hit “Buy Now?” After a little bit […]
Is a “Digital Timestamp” Enough to Prove Copyright Ownership of Music? **Attorney Advertising **
Most people have heard of the “Poor Man’s Copyright.” If you’re not familiar with the term, it’s the process of sticking a creative work in an envelope and sending it to oneself via the post office in order to have a “federal timestamp” showing when the work was created. Unfortunately, this “Poor Man’s Copyright” is […]
I Received a DMCA Takedown Notice. What Should I Do? **Attorney Advertising**
If you receive a DMCA Takedown Notice stating that you are infringing on someone’s copyright, it’s important to pay attention to what’s being alleged in the document and take immediate steps to address the issue. The worst thing you can do is ignore or throw out the takedown notice. This is your chance to fix […]
Amazon Launches Pilot Program to Help Patent Owners to Defend Their Rights Against Third-Party Sellers
The ease and ability for anyone to sell on Amazon has created a variety of challenges for patent holders who may discover that their patented inventions (or counterfeits of their patented inventions) are being sold directly to consumers online without permission. In the past, patent holders have tried to hold Amazon directly liable for such […]
Someone Is Ignoring My Cease and Desist Letter… Now What? **Attorney Advertising**
When a person discovers that someone else is using their intellectual property without permission, whether it’s an infringement of their copyright, trademark, or some combination of both, one of the first steps to get the offending party to take the content down or stop their activity is to send a Cease and Desist Letter. A […]
How to Stop a Copycat Online by Sending a DMCA Takedown Notice **Attorney Advertising **
What should you do if you’ve discovered that your copyrighted work has been posted somewhere on the internet that you have not authorized? One option is to send a DMCA Takedown Notice, which is a mechanism that content creators can use to request that a website host, search engine or Internet Service Provider (ISP) remove […]
