Adding Copyright Registration to Your Workflow

A few months ago I wrote about registering multiple works at once. Doing this at least once every three months has some important benefits. If you apply to register your copyright within three months of when you first publish a work, you are entitled to statutory damages from the date of first publication. So, even […]

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Complying with the Children’s Online Privacy Protection Act

If your website allows children under the age of thirteen to sign up, you need to comply with the Children’s Online Privacy Protection Act (COPPA), which was passed in 1998. Among the requirements are that you have a plain language privacy policy, allow parents or guardians to request deletion of their children’s data, and verify […]

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The Flexibility of a Copyright

One of the great powers that comes with a copyright is that you can break up the rights that come with it in any number of ways. By statute, you are granted the exclusive rights to reproduce the work; prepare derivative works; distribute copies; perform the work publicly; and display the work publicly. Each of […]

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Copyright and Crosswords

On March 4th, FiveThirtyEight.com published a story regarding copying and alleged plagiarism in the world of crossword puzzles. Specifically, Timothy Parker, one of the most widely syndicated crossword editors in the nation, has edited over 60 puzzles that copy significant portions of the themes and grids from the New York Times crosswords, in addition to […]

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How to Protect my IP in Manufacturing?

A strong non-disclosure agreement (NDA), and a US based manufacturer are your best ways to protect your intellectual property if you’re working with a third party manufacturer. Too often you hear stories of foreign manufacturers making a product for their client, then slightly modifying the molds and making essentially identical products for their own resale. […]

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Improper Handling of Art By a Gallery

In many states that have protections for artists, art is the hands of a dealer is considered trust property. Many of those states also consider the dealer an agent of the artist for the purposes of sale or exhibition of the work. As such, mishandling of the art by the dealer can give rise to […]

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Opposing a Trademark Application

Every week the United States Patent and Trademark Office publishes a list of trademark applications that they have approved for registration. There is a thirty day period after publication during which a third party may either oppose registration, or ask for an extension of time to oppose. It’s common for someone with a competing mark […]

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Copyrighting Your Website

Under current guidance from the US Copyright Office, you cannot claim copyright on the layout of your website. You can include text, artwork, music, or animations thereon, but the copyright office does not treat the layout of the site as an independently copyrightable aspect. If you’d like to copyright your website, consider including original artwork, […]

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Do You Need A Zombie Apocalypse Clause?

Amazon recently made news when it updated it Amazon Web Services terms of service to include a contingency for the zombie apocalypse. The clause applies to a new game development toolkit they’ve recently released. How’d this get in there? Well, someone was having a little fun, and someone else realized that it would be good […]

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The Art Forger

As New England braces for its second snow storm in less than a week, I’ve got a bit of an unusual post for this blog. I recently started reading The Art Forger and really enjoy it so far. It’s a novel about a fictional painting stolen from the Isabella Stuart Gardner Museum, and some surrounding […]

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