Internet Law

The Intellectual Property Strategist

Copyright and Internet Content

Jonathan Bick

Online publication impacts the duration of copyright protection among other purposes, including optimizing creative and ownership rights and the availability of statutory damages and attorney fees. Thus, it is important to determine when Internet distribution constitutes publication.

Read More ›

Cybersecurity Law & Strategy

Copyright Issues In Online Content

Jonathan Bick

Publication of content online impacts the duration of copyright protection among other purposes, including optimizing creative and ownership rights and the availability of statutory damages and attorney fees. Thus, it is important to determine when Internet distribution constitutes publication.

Read More ›

Entertainment Law & Finance

Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World, Part 2

Gwendolyn Seale

Part Two of a two-part article

While the livestreaming of music performances is not an entirely new phenomenon, the COVID crisis has transformed the live performance landscape, compelling artists from around the world to reach their fanbase by producing “quarantine streams,” in which they livestream their sets on social media platforms. Unsurprisingly many questions have arisen.

Read More ›

Cybersecurity Law & Strategy

Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World, Part Two

Gwendolyn Seale

Part Two of a two-part article

While the livestreaming of music performances is not an entirely new phenomenon, the COVID crisis has transformed the live performance landscape, compelling artists from around the world to reach their fanbase by producing “quarantine streams,” in which they livestream their sets on social media platforms. Given this sudden pivot to livestreaming over social media, unsurprisingly many questions have arisen.

Read More ›

Cybersecurity Law & Strategy

Can Terms of Service Agreements Allow Companies to Skirt Consumer Protection Laws?

Stephen M. Kramarsky

Most users do not have the time or inclination to read through dozens of pages of legalese before reviewing the morning’s tweets, and if millions of users are agreeing to these terms, how bad can they be?

Read More ›

Cybersecurity Law & Strategy

Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World

Gwendolyn Seale

Part One of a Two Part Article

While the livestreaming of music performances is not an entirely new phenomenon, the COVID crisis has transformed the live performance landscape, compelling artists from around the world to reach their fanbase by producing “quarantine streams,” in which they livestream their sets on social media platforms. Given this sudden pivot to livestreaming over social media, unsurprisingly many questions have arisen.

Read More ›

Cybersecurity Law & Strategy

EU Unveils New Online Content and Data Regulation

Krishnan Nair

Say Hello to the Digital Services Act.

Read More ›

Cybersecurity Law & Strategy

To Embed, or Not to Embed, that is the Question

Shaleen J. Patel and Mike Hobbs

Would Shakespeare Post Hamlet on Instagram in 2020?

While the sound distracting you hear from this article may well be William Shakespeare rapidly turning in his grave like the Mad Hatter Teacup Ride at Disneyworld, recent legal and procedural developments associated with the ubiquitous Instagram social media site have created significant practical and legal risks for both copyright owners and account holders that would have even vexed the Bard himself.

Read More ›

Entertainment Law & Finance

Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World

Gwendolyn Seale

Part One of a Two Part Article

While the livestreaming of music performances is not an entirely new phenomenon, the COVID crisis has transformed the live performance landscape, compelling artists from around the world to reach their fanbase by producing “quarantine streams,” in which they livestream their sets on social media platforms. Unsurprisingly many questions have arisen.

Read More ›

Entertainment Law & Finance

A Look at the EU’s Latest Proposal for Regulating Online Content

Linda A. Thompson

The DSA is intended to reset the rules around online content moderation and to reframe the responsibility of platforms for illegal content uploaded to their websites.

Read More ›

The Intellectual Property Strategist

To Embed, or Not to Embed, that is the Question

Shaleen J. Patel and Mike Hobbs

Would Shakespeare Post Hamlet on Instagram in 2020?

Recent legal and procedural developments associated with the ubiquitous Instagram social media site have created significant practical and legal risks for both copyright owners and account holders.

Read More ›

Entertainment Law & Finance

Judge’s Ruling in Epic Games/Apple App Store Battle

Entertainment consumer icon Fortnite’s pathway back to the App Store is in the hands of the video game developer, a California federal judge decided in the closely watched legal battle over the distribution of app content.

Read More ›

Entertainment Law & Finance

ESports Streaming Deal Part of Law Firm Practice Aims

Patrick Smith

It’s a deal that provides a potential look into a future where esports, like traditional sports before them, provide a potentially lucrative practice area for firms that want to plant a flag in that plot.

Read More ›

Entertainment Law & Finance

Ticket Refund Suits Against StubHub to Get MDL Treatment

Amanda Bronstad

Online ticket reseller StubHub faces lawsuits over allegedly unrefunded event tickets in California, after a federal judicial panel ordered that similar cases from jurisdictions in multiple states be coordinated.

Read More ›

Cybersecurity Law & Strategy

Facebook and Instagram Developers Sued for Privacy Violations In U.S. and UK

Alaina Lancaster

Facebook filed two separate lawsuits in the UK and U.S. that the company says is part of an ongoing effort to hold developers that abuse its platform accountable.

Read More ›

The Intellectual Property Strategist

What’s in a Name? Booking.com and Consumer Perception Evidence

David H. Bernstein and Jared I. Kagan

In the first case in U.S. Supreme Court history argued by telephone, the Court ruled 8-1 in favor of Booking.com, holding that it could register as a trademark its eponymous domain name BOOKING.COM.

Read More ›

Cybersecurity Law & Strategy

What’s In a Name? Booking.com and Consumer Perception Evidence

David H. Bernstein and Jared I. Kagan

In the first case in U.S. Supreme Court history argued by telephone, the Court on June 30, 2020 ruled 8-1 in favor of Booking.com holding that it could register as a trademark its eponymous domain name BOOKING.COM.

Read More ›

Entertainment Law & Finance

TRO Bid in Arts Case Results in COVID-19 Rebuke from Judge

Jenna Greene

At this moment in COVID-19 time, if your case involved stopping the sale of counterfeit unicorn products on the Internet, sorry, that wouldn’t be an emergency. That was the message from U.S. District Judge Steven C. Seeger, in a decision denying a request for a temporary restraining order filed on behalf of Art Ask Agency, the exclusive licensee for the fantasy art of British artist Anne Stokes, who is popular among the Dungeons and Dragons crowd.

Read More ›

Marketing The Law Firm

Digital Dive: New Report Reveals Opportunities for Improvement on Digital Marketing Strategy for Law Firms

Jamie Diaferia and Jennifer Johnson Scalzi

For those of us who have devoted more years in legal marketing than we’d care to admit, it’s heartening to see the field receiving the recognition it deserves. The demand for top talent has never been higher and marketing plans are getting more attention from firm management. Still, there is more work for law firms to do. That’s particularly true in digital marketing.

Read More ›

The Intellectual Property Strategist

IP News

Anthony H. Cataldo

U.S. Supreme Court to Hear Booking.com Trademark Case

Read More ›

The Intellectual Property Strategist

Exploring the Nebulous Boundaries of Trade Dress

Nicole D. Galli 

Now that we are in the digital age, questions have been raised about the trade dress of websites and apps.

Read More ›

Cybersecurity Law & Strategy

Legal Tech: Demystifying Social Media Discovery

Todd Heffner

Social Media Escapes an Easy Definition, But You Know It When You See It

While it would be helpful to understand the technical details of collecting data from various social media platforms, what’s more important is what parts of social media might be relevant to a dispute and what that means for both the requesting and producing parties.

Read More ›

Cybersecurity Law & Strategy

EU E-Commerce Proposal Aims to Eliminate Barriers; Calls for E-Signatures and Net Neutrality

Simon Taylor

The European Union has put forth an ambitious proposal for how countries can eliminate barriers to e-commerce and protect businesses and consumers engaged in online transactions. But parts of the proposal, published as part of a World Trade Organization initiative that includes the U.S. and China, are likely to face opposition.

Read More ›

Entertainment Law & Finance

Social Media Influencers: Basic Tax Issues

Robert M. Jason

This article discusses the basic tax issues facing social media influencers, who have become an important element in the entertainment industry.

Read More ›

Marketing The Law Firm

Are Online Reviews Threatening Your Online Reputation?

Melanie Trudeau

An attorney’s reputation may be one of the most important factors that clients consider before hiring counsel. In today’s world of online reviews, managing your reputation can be challenging. How should you manage online reviews to ensure your reputation and trustworthiness are intact?

Read More ›

The Intellectual Property Strategist

Photographs on the Internet: Circuit Courts Examine Copyright Infringement

Kyle-Beth Hilfer

Two recent circuit court cases clarified copyright infringement of photographs on the Internet. Both cases serve as cautionary tales for those who takes photographs for their websites from the Internet without investigating copyright rights.

Read More ›

Entertainment Law & Finance

Navigating the Two Sides of Amazon’s Take-Down Process

Edward Weisz and Alanna Miller

In this article, we explain how copyright, trademark and patent infringement issues unfold on Amazon by describing the process for rights holders to report infringement, and the impact of successful infringement take-down requests.

Read More ›

Marketing The Law Firm

Marketing Tech: 7 Habits of Effective Online Marketers

Larry Bodine

The advantage of online marketing is that it is one-to-many, as opposed to in-person marketing which is one-to-one. By adopting the seven habits of effective online marketers, CMOs can generate more business for their law firms.

Read More ›

Entertainment Law & Finance

Online Extra: Europe Passes Controversial New Copyright Law

Simon Taylor

Technology Platforms Such As Google, YouTube and Facebook Had Opposed the Changes, Which Will Require Them to Compensate Publishers, Artists and Musicians

EU lawmakers have approved controversial new copyright rules that aim to make it easier for content rights-holders to make money when their content is used on digital platforms but could force large platforms such as Google, Facebook and YouTube to make changes to their operations.

Read More ›

Entertainment Law & Finance

BREAKING NEWS: Europe Passes Controversial New Copyright Law

Simon Taylor

EU lawmakers have approved controversial new copyright rules that aim to make it easier for content rights-holders to make money when their content is used on digital platforms but could force large platforms such as Google, Facebook and YouTube to make changes to their operations.

Read More ›

Entertainment Law & Finance

25 Years After: Campbell v. Acuff-Rose and the State of Copyright Fair-Use Controversies

Stan Soocher

On March 7, 1994, the U.S. Supreme Court decided for the first time that a parody may be a copyright fair use. In the 25 years that followed, the High Court’s unanimous 9-0 ruling in Campbell v. Acuff-Rose Inc., has been cited in more than 500 court decisions. But the Supreme Court’s pronouncement left questions and controversies in its wake.

Read More ›

The Intellectual Property Strategist

UMG v. Grande Communications: Another Victory for the Music Industry in Its Battle to Hold ISPs Liable for Peer-to-Peer File Sharing

J. Alexander Lawrence

Since the advent of the Internet, the music industry has been in a pitched battle to combat online piracy. Initially, the industry focused on shutting down services that offered peer-to-peer or other similar platforms, such as Napster, Aimster and Grokster. For a time, the industry also focused on filing claims against individual infringers to dissuade others from engaging similar conduct. In recent years, the industry seems to have shifted focus toward Internet Service Providers.

Read More ›

Business Crimes Bulletin

Sticking a Hand in the Internet Cookie Jar

Jeffrey Higel, Michael Bahar and Mike Nelson

As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. Some…

Read More ›

Cybersecurity Law & Strategy

Cloudy With a Chance of IoT attacks: The Cybersecurity Forecast for 2019

Leigh-Anne Galloway

2018 was a trying year for the cybersecurity industry, with breaches increasing and showing no signs of slowing as we enter the New Year. 2019 will bring its own threats with the propagation of new technology — 5G and IoT — and their security vulnerabilities. However, there’s also progress on the horizon, thanks to more stringent government regulation and increasing legal action.

Read More ›

Entertainment Law & Finance

Making Sense of YouTube’s Monetization Policies

Gwendolyn Seale

This article delves into YouTube’s policies for channel monetization, explores the different streams of revenue an artist or creator may be entitled to receive for their works, and offer suggestions to indie creators and more established creators, so they can meet these new thresholds.

Read More ›

Entertainment Law & Finance

Risks in Online Collection of Children’s Data

Jeffrey Higel, Michael Bahar and Mike Nelson

As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. Some pose security risks and privacy risk, like those present in voice-activated devices — especially for children. For manufacturers, they also pose regulatory litigation and insurance risks, especially when children end up using their “smart” products.

Read More ›

Entertainment Law & Finance

Bit Parts

Stan Soocher

Complaints to Amazon by TV Show Host and His Attorney Didn’t Constitute DMCA Notices
No Actual Malice by Defendants in Libel Suit over Composite Character in Film

Read More ›

Cybersecurity Law & Strategy

Sticking a Hand in the Internet Cookie Jar

Jeffrey Higel, Michael Bahar and Mike Nelson

Why Collecting Children’s Online Data is a Risk

As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. For manufacturers, they also pose regulatory litigation, and insurance risks, especially when children end up using their “smart” products.

Read More ›

Cybersecurity Law & Strategy

Right Out of the Box: California Enacts First-of-its-Kind Statute Regulating Internet-of-Things

Michael Bahar, Frank Nolan and Trevor Satnick

Companies Impacted By California’s SB-327 — Especially Manufacturers and Distributors of IoT Devices — Should Work to Ensure Compliance With the Act As Soon As Possible If Regulatory Fallout Is to Be Avoided Come January 2020

While a great deal of attention has focused on the California Consumer Privacy Act, California also passed a less-publicized, but highly critical, statute that will regulate certain aspects of Internet of Things device security.

Read More ›

Entertainment Law & Finance

How Will the Music Modernization Act’s Mechanical Licensing Collective Work?

Chris Castle

This article focuses on managing change for clients affected by the MMA’s government-mandated mechanical licensing collective. In my view, far from putting songwriters on a trajectory away from the government regulation that has oppressed them for generations, the collective imposes an entirely new bureaucracy with potentially significant costs that are not readily apparent.

Read More ›

Entertainment Law & Finance

DMCA Filmmakers Exemption Expanded

Scott Graham

Digital Millennium Copyright Act exemptions aren’t just for documentary filmmakers anymore. The U.S. Copyright Office and Library of Congress has broadened a DMCA exemption to now allow more filmmakers to circumvent anti-copying technology and rip short video clips for purposes of commentary and criticism.

Read More ›

Entertainment Law & Finance

New York State’s Latest Ticket Sales Reforms

Anthony J. Dreyer and Andrew Green

The majority of these recent amendments become effective on Dec. 28, 2018. Many of these reforms appear to be in direct response to concerns expressed in 2016 by the New York Attorney General (NYAG), yet the changes do not appear to be as sweeping as the NYAG had sought.

Read More ›

The Intellectual Property Strategist

The ‘New NAFTA’ and How It Will Affect Intellectual Property Law

Lawrence E. Ashery 

The stage is set for the 24-year-old north American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA), which has implications for intellectual property, to take its place.

Read More ›

Entertainment Law & Finance

Issues in Using Bots to Send Takedown Notices

Ian Lopez

We asked University of Idaho College of Law Professor Annemarie Bridy, one of the forefront experts in both DMCA and automated notice sending, about out of control bots, DMCA takedowns’ potential threat to freedom of speech and more.

Read More ›

The Intellectual Property Strategist

Fair Use, First Sale and Marilyn Monroe

Robert W. Clarida and Robert J. Bernstein

Recently, the Southern District of New York resolved a question that neither the Southern District nor the Second Circuit had ever squarely faced: Can the lawful owner of an art object create and post a photograph of that object in connection with the sale of the object through an online platform such as eBay, without the permission of the owner of copyright in the object?

Read More ›

Cybersecurity Law & Strategy

Cybersecurity and Email

Bill Ho

In the legal community, professionals have embraced email. However, as increasing concerns and regulations around data security continue to evolve, the future of digital communication via email may not meet the more stringent requirements.

Read More ›

Entertainment Law & Finance

Decision of Note: Sound Recordings Remasters Don’t Get Federal Copyright Protection

Scott Graham

  With an assist from Toucan Sam and Tony Bennett, owners of pre-1972 sound recordings no longer have to worry about losing their common law…

Read More ›

Entertainment Law & Finance

Prince’s Estate Files NJ Lawsuit over prince.com

Charles Toutant

A dealer in Internet domain names is accused in a cybersquatting suit of an illegal attempt to seize on the posthumous popularity of Prince.

Read More ›

Are U.S. Records Retention Requirements on a Collision Course with the GDPR’s ‘Right to Erasure?’

Stacey Garrett

U.S. laws require companies to retain records for years, and sometimes forever, and violating U.S. records retention laws can result in domestic fines and penalties. How can U.S. companies comply with the GDPR’s “right to erasure” while still fulfilling their U.S. records retention obligations?

Read More ›

Cybersecurity Law & Strategy

Are U.S. Records Retention Requirements on a Collision Course with the GDPR’s ‘Right to Erasure?’

Stacey Garrett

U.S. laws require companies to retain records for years, and sometimes forever, and violating U.S. records retention laws can result in domestic fines and penalties. How can U.S. companies comply with the GDPR’s “right to erasure” while still fulfilling their U.S. records retention obligations?

Read More ›