February 12, 2012 by
Tuvyah (Terry) D. Aronoff
Non-Disclosure Agreements (also commonly known as Confidentiality Agreements) are used in a variety of business relationships. Here are some of them:
A prospective employee, independent contractor or consultant to a business will be asked to sign one as a condition to being hired.
Two companies considering doing business with each other will want to protect...
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...
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...
August 16, 2010 by
Outside Counsel
The following is an excerpt from an article entitled “Shalom”, written by James Swift, in the August 16, 2010 edition of The Lawyer magazine:
“Outside Counsel Solutions LLP (OCS) has a similar remit. Established in 2003, the firm started life as a subsidiary of telecoms company IDT. But when the company began divesting its non-core...
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...