The first line of defense in most copyright infringement actions revolves around the question of "access" ' namely, whether the defendant had a reasonable possibility of viewing or hearing the plaintiff's work such that the defendant could have copied it illegally. Absent some direct proof that the defendant actually copied the plaintiff's work ' evidence that typically is not present ' a plaintiff will attempt to prove such copying indirectly by establishing that a defendant had access to the plaintiff's work and that the defendant's work is "substantially similar" to the plaintiff's. The U.S. Court of Appeals for the Second Circuit has made it more difficult for plaintiffs to prove access.
Specifically, in the Second Circuit's view, a company's "bare corporate receipt" of a plaintiff's work is insufficient proof of access.
- May 01, 2004Orin Snyder
Employing its 'John Doe' litigation strategy again, the Recording Industry Association of America (RIAA) has sued another group of anonymous infringers ' this time 477 people ' accused of illegally distributing copyrighted sound recordings on peer-to-peer file sharing services.
May 01, 2004Samuel FinemanFacing its first constitutional challenge to the Florida Computer Pornography and Child Exploitation Prevention Act of 1986, the Florida Court of Appeals recently scored a victory for child protection advocates and law enforcement
May 01, 2004Law.com StaffMusic piracy cases in Georgia could determine whether recording companies must meet certain standards before forcing Internet service providers to hand over the names of subscribers suspected of downloading and circulating copyrighted, bootleg recordings.
May 01, 2004R. Robin McDonaldWhile the Internet continues to replace traditional forms of commerce communication, the use of contracts to memorialize business agreements remains constant. In order to implement more fully the transition to Internet commerce communications, businesses are struggling to find an appropriate replacement for the traditional authentication procedures. In short, businesses seek lawful electronic signatures to replace traditional signatures. This query has resulted in six viable e-signature options.
May 01, 2004Jonathan BickInternet fraud is becoming one of the most common and lucrative forms of crime in today's information-based economy. As the Internet has grown, so too have incidences of its misuse. How can intellectual property rights help fight this growing menace?
May 01, 2004Clark W. Lackert, ESQ. And Larry H TroncoStarting in 2004, law firms have another option in attempting to mitigate rising health insurance costs. Recently enacted Health Savings Accounts (HSAs) offer law firms and their employees a tax favored vehicle to pay for medical expenses.
May 01, 2004Richard H. StieglitzWhatever the goal of a law firm retreat, it will not succeed unless adequate time and effort have gone into the planning process. In fact, a major portion of the work involved must be done before the retreat is actually held. The retreat should not be viewed as a panacea, but as a practical management tool that can be wielded in a variety of ways.
May 01, 2004Joel A. Rose
