Intellectual Property Blog

Winning a Copyright Infringement Case Can Sometimes Have a High Cost

I recently ran across a story that illustrates the importance of choosing your legal battles carefully where copyright is concerned. In Golden v. Michael Grecco Productions, Inc., photographer Michael Grecco’s attorneys contacted blogger Lee Golden about using their client’s photo without permission on his entertainment blog. When they demanded he pay $25,000 for infringing on Grecco’s copyright, Golden sued.  Arguing fair use, he asked that the court find his use of the photo non-infringing. Moreover, […]

Continue Reading

Understanding the Role of Women in Copyright

In celebration of Women’s History Month, I thought it might be interesting to look at the impact that women have had on copyright in the U.S.  Like many institutions in America, the copyright office started with mostly male gatekeepers who tended to favor male creators and leave women out whenever possible. Despite this and many other obstacles, women have been present from the very beginning of American copyright. The role of women in this domain […]

Continue Reading

What You Need to Know about the Marrakesh Treaty

Although popular book titles are commonly produced in formats accessible to the visually impaired (for example, in audiobook or braille format), lesser-known titles are frequently only available in written format. Unfortunately, this means that an enormous number of books cannot be accessed by those with a visual impairment. The Marrakesh Treaty was created to address this global human rights concern.  Under the treaty, countries are required to provide an exception to their copyright laws to […]

Continue Reading

Exceeding Software User-Limit a Much More Dangerous Proposition Than You Might Realize

Written by Guest Author, Marks Gray Associate Logan McEwen On February 25, 2021, the Federal Circuit Court of Appeals issued its opinion in Bitmanagement Software GMBH v. U.S. At issue was software developed for the U.S. Navy which required payment on a per-user basis, and what it meant if the Navy allowed more users of the software than it paid for. Pushing aside the issues of “how to sue the federal government” and “calculating damages […]

Continue Reading

Offer Presentations for Your Business? Protect Your Original Materials

Are you providing workshops, seminars, and training sessions as part of your business? Do you use your own original manuals, books, videos and presentation materials? If you are using your own original materials, you should protect them from potential infringers – unscrupulous people who take your materials, copy them and redistribute them in their name. Sadly, there are infringers everywhere making money off the hard work of others. Some of the steps you can take […]

Continue Reading

What Songwriters Can Do to Take Advantage of the New Blanket License for Mechanical Royalties

As songwriters know only too well, a significant portion of music these days is shared online, either by people downloading it directly or streaming it through various services. Unfortunately, up until this year, how royalties through these services work has been complicated at best. That all changed on January 1st though, thanks to the Music Modernization Act (MMA). As part of the act, a new blanket license for mechanical royalties was created, as was a […]

Continue Reading