Category: Entertainment
Media Industry Strikes Back at Online Infringement
July 20, 2011 by
William Galkin
It’s no secret that piracy of music and movies over the Internet is rampant and costs industry billions of dollars annually. Most people involved in this activity are not hardened criminals, and if asked, will probably admit that it is a technical violation of the law, but that it’s not really that illegal. You might even hear an argument that since...
Hiring a Literary Agent
November 28, 2010 by
Tuvyah (Terry) D. Aronoff
Here are some things to think about when you are hiring a literary agent to try and sell your manuscript to book publishers.
1. Is it exclusive?
The agent is going to want the exclusive right to shop your manuscript for a certain period of time. If, for some reason, you feel that there are prospective buyers that your agent can’t reach, or that you or...
Court says copyright law protects content even in more than one medium
September 28, 2010 by
Tuvyah (Terry) D. Aronoff
A recent decision by the Southern District of Florida in Forman v. W. Allen Morris clarifies the scope of copyright protection that is available when identical language is protected by a registered copyright in one medium but is then infringed in another. See Forman v. W. Allen Morris, 2010 U.S. Dist. LEXIS 67434 (S.D. Fla. July 6, 2010).
The plaintiff...
If my only contact with a state is my website, can I be sued there?
July 28, 2010 by
Tuvyah (Terry) D. Aronoff & Melinda Spitzer
A recent decision by the United States Court of Appeals for the Second Circuit in Penguin Group (USA) Inc. v. American Buddha may make it easier for New York plaintiffs asserting copyright infringement over the Internet to haul infringers into court in New York.
The plaintiff in Penguin was the U.S. branch of the internationally renowned Penguin Group publishing...
When Is A Copyright Registered?
June 6, 2010 by
Tuvyah (Terry) D. Aronoff & Melinda Spitzer
At what point in time is a copyright application considered to be “registered” so that the owner of the copyright can sue for damages under the U.S. Copyright Act of 1976?
Is it when the copyright holder’s application is received by the Copyright Office (the “application approach”)?
Or is it when the Copyright Office issues a certificate of registration...
Catcher Caught in More Legal Maneuvering
May 30, 2010 by
Tuvyah (Terry) D. Aronoff & Melinda Spitzer
Catcher in the Rye fans will be interested in recent litigation regarding the great American coming-of-age novel that has been brewing in the Southern District of New York.
Catcher, is J.D. Salinger’s classic story about a disillusioned teenager named Holden Caulfield who is kicked out of boarding school and then wanders around New York City for a...