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...
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...
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...
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...