Tag Archives: copyright

In the world of intellectual property, the “Cease and Desist” letter is king. These are letters from attorneys for the owner of a work or invention, sent to an alleged infringer of the owner’s intellectual property rights. The letters cite the legal basis for the owner’s claim, may threaten doom, destruction, and huge financial damages, […]

Dear Doc: It seems to me that every time I try to find out about intellectual property licensing, I end up more confused than ever. Are you able to help? Signed, Bothered and Bewildered Dear B&B: You are correct. Licensing is a complex area of business and of the law. Unfortunately, it is in the […]

Dozens of times over the past 10 years, we have written about the “fair use” exception to copyright infringement.  You may recall that “fair use” under the U.S. Copyright Act permits limited use of copyrighted works for purposes of “criticism, comment, news reporting, teaching, scholarship, or research.” It’s a complex area and one that is continuously […]

Photographers have long been able to utilize the copyright system for registering groups of photographs for a single registration fee, now $55.00. It has to be one of the best bargains in the IP world. Registration gives photographers and other authors of original content access to federal courts, a presumption of validity, a public record of ownership […]

Why is the famous “I [heart] New York” logo protected by trademark and not copyright?  At first glance, you’d think that it’s artwork, and therefore can be protected by copyright.  However, the Copyright Act protects “original works of authorship.” The “I [heart] New York” logo is merely a phrase, with the word “love” replaced by […]

Last January, readers may recall our article about Georgia v. Public Resource Org Inc. (“PRO”).  At the time, that case had been successfully appealed to the United States Supreme Court (SCOTUS). We now have a decision.  PRO involved the issue of whether the Official Code of Georgia Annotated [OCGA] was subject to copyright protection.  Here were the facts: Georgia publishes and sells the […]

Dear Doc: The most basic feature of the design of the World Wide Web is the hyperlink, which allows a browser to display elements of content stored on a web server. The great power of the Web is that the content need not be stored on the same server that hosts a page. Displaying content […]