Tag: Melinda Spitzer

Out of Office Attorney

June 20, 2011 by Melinda Spitzer
In both movies and real life, the practice of law is usually thought of as a conservative profession. Lawyers wear  well-tailored suits, tote briefcases, have law offices either in or near the communities where they live, and spend their days meeting with clients and appearing in court. Traditionally, lawyers practiced and lived in the jurisdictions where...

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...

Downloader Beware: Copyright Infringer Can’t Hide Behind First Amendment

May 25, 2010 by Tuvyah (Terry) D. Aronoff & Melinda Spitzer
In an April 29, 2010 decision that has been hailed as a big coup for the record labels — Arista Records LLC v. Doe 3 — the United States Court of Appeals for the Second Circuit has held that a record company’s right to protect itself from copyright infringement trumps the alleged infringer’s First Amendment right to anonymity on the Internet. The...