The Musical Works Modernization Act is Congress’ Latest Effort to Bring Peace to the Music Business

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The Hatch-Goodlatte Musical Works Modernization Act was signed into law on October 11, 2018. The Act is Congress’ attempt to bring some semblance of peace to the various factions within the music industry. These groups have been waging legal warfare against one another since the invention of music streaming technologies and the advent of its …Read more

Warning to California Artists-Ninth Circuit Decision Limits Some Royalty Rights

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Who This Decision Affects Artists expecting a 5% royalty on sales of any “work of fine art” as outlined in a California state law that took effect January 1, 1977. This law was enacted to protect artists by requiring the seller, or seller’s agent, to withhold a 5% royalty and pay that to the artist. …Read more

How to Protect Your Company’s Software Assets Through Contract Protection

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If your company drives its revenue with proprietary software assets, you must ensure those assets are not improperly shared or misused by others. One way to protect your company’s software-related intellectual property (IP) rights is through a written contract. How Can Contract Provisions Help Protect Software? Most commercial software products are distributed in compiled object …Read more

Protect Your Company from Copyright Infringement Claims – Register Your DMCA Designated Agent

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If your company has a website that allows users to post any kind of content, you may be at risk for copyright infringement under U.S. copyright law if any of the content is not original to the party posting it. With most companies now leveraging multiple social media platforms, in addition to their traditional websites, …Read more

5 Keys to Understanding Copyright Protection

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Despite the advent of many new forms of digital technology, artists, authors, actors and architects still look to federal copyright law to protect their creative works. While copyright law is quite broad, you can’t copyright everything. Keep these five points in mind as you consider copyrighting your original works of authorship. 1. You Can’t Copyright …Read more

Defend Trade Secrets in Federal Court – DTSA Anniversary

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In May 2016, the United States Congress enacted the Defend Trade Secrets Act (“DTSA”) taking steps to make a “federal case” out of an area of the law that has been the domain of state law since the founding of the Republic. Whether that decision was a good one or not is yet to be …Read more

Downloading Pirated Software Without Installing It is Still Copyright Infringement

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If your business creates software or simply uses it to perform work – let’s face it, what business doesn’t use software in one way or another – we encourage you to take note of a recent ruling made by the U.S. Court of Appeals for the Ninth Circuit. The case – Design Data Corp. v. …Read more

How to Block Registration of a Troublesome Trademark with a Letter of Protest

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We are often contacted by clients who want to block registration of a competitor’s trademark because it’s too similar to their own. In some cases, the method we use to accomplish the client’s objective is to file a letter of protest with the U.S. Patent and Trademark Office (“PTO”) on behalf of the client. These …Read more

Biggest Threat to Your Company’s Trade Secrets

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For many people, trade secret theft evokes images of an international technological superspy using complex cyber-tools to engage in corporate or national espionage in cyberspace to steal the crown jewels of company or country. In reality, the more common, less dramatic and yet more dangerous threat to a company’s proprietary information comes from within. Current …Read more

Protecting Your Trade Secrets Where State Law and Federal Defend Trade Secrets Act Meet

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When it comes to protecting your company’s trade secrets, one of the most important remedies you can secure is a court order preventing a former employee from making use of the trade secret for the benefit of a competitor. From your perspective, it’s impossible for an employee who received your company’s crucial business information to …Read more