Imagine how surprised some photographers are when we tell them that the government fee for registering the copyrights of a complete photo shoot — comprising hundreds of photographs — is only $35.00 if you do it online. It seems like nothing the government charges these days is only $35.00! It represents one of the best […]
All posts by: Adam Garson
The DMCA to the Rescue (Maybe) …
July 31, 2013
Copyright
In a recent embarrassing broadcast by KTVU television of San Francisco, the morning anchor, Tori Campbell, identified the pilots of the recent San Francisco Asiana airline crash as “Captain Sum Ting Wong,” “Wi Tu Lo,” “Ho Lee Fuk,” and “Bang Ding Ow.” As she read the names, Campbell didn’t flinch and, even more perplexing, […]
Protecting the Latest Food Sensation
June 29, 2013
Trademark
OMG, I have to try one of these…. That appears to be the general consensus about the so-called “Cronut,” the new New York City food sensation. Early morning lines stretch around the block with customers lining up to buy this croissant-donut hybrid two hours before the Dominique Ansel Bakery in SoHo opens. It’s so wild […]
We’ve written a lot about the “fair use” concept in the copyright context but did you know that there is also a fair use concept in trademark law? Here’s a case that illustrates the point. In 2012, the Naked Cowboy (yes, you read it correctly) of New York City fame, sued CBS for trademark infringement […]
So, do you know what an “appropriation artist” is? It’s an artist who uses preexisting objects or images to create new works of art. While you might guess that appropriation artists keep many a copyright lawyer employed they also sell their works for large sums of money. Take for example, Richard Prince, perhaps, the most […]
Kirtsaeng Wins Before the Supreme Court!
March 28, 2013
Copyright
If you’re a regular reader of our newsletter, you may recall in 2011 our writing about Supap Kirtsaeng’s legal problems when he was sued by John Wiley & Sons, Inc. (“Wiley”) for selling text books on e-bay. Kirtsaeng, a Thai national, opened a used textbook business in 2009 to support his educational studies in the […]
Terms of Service Didn’t Read
February 28, 2013
Internet Law
If you thought reading privacy policies was a was a waste of time you were right. The Carnegie Mellon Institute calculated that it would take 10 minutes to read the privacy policies of the 75 most popular websites at the standard reading rate of 250 words per minute. The medium length of privacy policies from […]
Check Those Employee Handbooks!
January 31, 2013
Internet Law
There have been a spate of reporting about the National Labor Relations Board’s (NLRB) recent decisions about the use of social media by employees. You may think that an employer should have absolute control over its employees’ right to talk about the employer or its customers on the Internet, but that is not the case. […]
Privacy in the Age of Apps
December 31, 2012
Internet Law
If you use or develop online software or smartphone “apps” then you need to know about CalOPPA. No, that’s not some form of steam-driven musical device from an old-time carousel. It’s the California Online Privacy Protection Act, and it has very real consequences for any company that does business online. This month, the State of California […]
Notice or Not: ©
December 31, 2012
Copyright
In late November, David Pogue of the New York Times wrote about a hoaxer who plastered Facebook sites with an unsolicited message that stated: In response to the new Facebook guidelines, I hereby declare that my copyright is attached to all of my personal details, illustrations, comics, paintings, crafts, professional photos and videos, etc. (as […]