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259 articles found for Copyrights

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Title/Abstract
Protecting Copyright and Innovation in a Post-Grokster World
By Marybeth Peters
...
Intellectual Property as an Economic Asset: Key Issues in Valuation and Exploitation
Organization for Economic Co-operation and Development- OECD
...
China’s Regulation on Video Broadcasting Sites: One of its Kind?
Martha L. Arias, Attorney at Law; IBLS Editor
China was one of the first countries to regulate the video broadcasting sites. Video broadcasting sites, also known as video sharing sites, have generated ...
The European Union’s Success on the Harmonization of Intellectual Property Laws
Martha L. Arias, Attorney at Law; IBLS Editor
The European Union unified the European countries' economic, trade and legal systems. The four freedoms of movement: goods, services, people, and capital require that ...
The Atgentine Antitrust Agency has adopted a conservative approach when assessing the structure of control Chinese State-owned Enterprises (Part V)
Pedro Mazer, Alfaro Abogados
The Argentine Antitrust Agency seems to have disregarded concepts such as the Rule of Separation, the Appointment Criteria, and the Review Methods, which on ...
Copyright Office Posts SHVERA Study Comments
U.S. Copyright Office
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Finding a balance between digital copyright and consumers’ rights
EU Information Society Technologies
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New Progress in China Protection of Intellectual Property Rights
Information Office of the State Council of the People's Republic of China
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Thailand: Private Use on Musical Work, Rights of Public Performances, and Collective Society Systems
Taken from Geocities.com
...
W3C Responds to US Copyright Office Prooposal
Taken from W3C.org
...
Copyright Basics
U.S. Copyright Office
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Foreign Ministry Spokesperson Kong Quan's Press Conference on 27 October 2005
Taken from www.china-un.ch
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Argentina: Country Legislative Profile
Taken from www.wipo.int
...
Brazil: Intellectual Property Profile
Wipo
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Electronic Commerce and Intellectual Property
Taken from www.wipo.int
...
Hong Kong: Intellectual Property Department Launches Interactive Electronic Services
Press Relese from Japan Intellectual Property Department
...
Europe fights IPR infringements and piracy
Editor, Maricelle Ruiz, IBLS Director -- Europe
European countries have already in place commendable practices to fight copyright violations and piracy online, according to the recently adopted European Charter for the ...
Copyright Piracy on the Internet in Lithuania
IBLS Editorial Department
Lithuania is experiencing serious violations of intellectual property rights (IPR). Some of these IPR violations are copyright piracy on the Internet, transshipment of ...
Online Registration of Claims to Copyright
U.S. Copyright Office, www.copyright.gov
The Copyright Office is undergoing an extensive business process reengineering (BPR) initiative of many of its internal work systems, including registration and recordation procedural ...
Technological protection measures: New protection against 'pirates of the copyright'?
IBLS Contributor: Irene Zeitler, Freehills, Australia, irene.zeitler@freehills.com
The Australian Government introduced the Copyright Amendment Bill 2006 into parliament on 19 October 2006. The Bill proposes to introduce a new scheme for ...
Copyright: TV Guides Go to Battle
IBLS Contributor: Kristin Stammer, Freehills Law Firm, Australia, www.freehills.com.
In Australia a Federal Court has dismissed Channel Nine's action against IceTV, the provider of a subscription based electronic program guide (EPG), for infringement ...
WIPO Report Reveals Changing Geography of Innovation with Highest Patenting Growth Rates in North East Asia
World Intellectual Property Organization -WIPO-
The 2007 edition of the Patent Report of the World Intellectual Property Organization (WIPO) (http://www.wipo.int/ipstats/en/statistics/patents/patent_report_2007.html) shows that worldwide filings of patent applications have grown ...
Website Vandalism and Legal Issues to Address: Copyrights, Cyber-crime, Jurisdiction and much more!
Martha L. Arias, IBLS Director.
The spectrum of internet law is getting wild. Traditional copyright infringements, neighborhood vandalism crimes, and jurisdictional questions are now being transferred to the ...
The new face of Copyright law in Australia
IBLS Contributor: Kristin Stammer, Freehills Law Firm, Australia, www.freehills.com, kristin.stammer@freehills.com
The Copyright Act 1969 (Cth) has recently been given an overhaul to implement the recommendations of a number of copyright law reviews and Australia's ...
Violation of Intellectual Property Rights on the Internet: for Digital risks, Digital Solutions
Martha L. Arias, IBLS Director.
Internet has made intellectual property (“IP”) rights more vulnerable to violations by every sector of society; business, students, and, of course, the committed copyright ...
The impact of the Grokster decision on file sharing
IBLS Contributor: Odia Kagan, Partner, Shavit Bar-On Gal-On Tzin Nov Yagur Law Offices – Tel Aviv, Israel, okagan@sbilaw.com
How will providers of file-sharing software operate after the United States Supreme Court decision in Grokster? What is the precedent set in the decision ...
The Survival of Internet Radio
IBL Contributor: Free Press, www.freepress.net
Yesterday Free Press launched a Rescue Internet Radio Campaign to protest the new royalty rates being imposed on digital audio broadcasters. I think it ...
E-Commerce Update February 2007 — International developments
IBLS Contributor: Duncan Giles, Freehills Law Firm, Australia, www.freehills.com
The third Global Congress on Combating Counterfeiting and Piracy (congress), held in Geneva on 30 to 31 January 2007, has called for more resources ...
Free Speech Battle Over Online Parody of 'Colbert Report'
IBLS Contributor: Electronic Frontier Foundation, Press Releases, www.eff.org.
The Electronic Frontier Foundation (EFF) asked a federal court today to protect the free speech rights of MoveOn.org Civic Action and Brave New Films ...
Uruguay: Country Profile
World Trade Organization
...
European attorneys highlight the practical aspects of software protection in China
Aubin de Perthuis (aubin.deperthuis@ulys.net) and Paul Van den Bulck (paul.vandenbulck@ulys.net), Ulys Brussels and Paris
As a Member of the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement), China has recognized that the protection and enforcement ...
Copyright Royalty Board Issues New Requirements for the Streaming of Sound Recordings
IBLS Contributors: Bruce Joseph, Wiley Rein & Fielding, US, bjoseph@wrf.com, and Karyn Ablin, Wiley Rein & Fielding, US, kablin@wrf.com
The Copyright Royalty Board has recently issued format and delivery requirements for data related to the Internet streaming of sound recordings in connection with ...
Japan Legislative Proposal to Improve Copyright Protection and Exemption Regimes
Japan Intellectual Property Department
...
Orphan Works
U.S. Copyright Office
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Japan: IPD e-BUSINESS VISION
Japan Intellectual Property Department
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Aripo Names Building Housing New Regional Intellectual Property Training Center After Dr. Kamil Idris
World Intellectual Property Organization
...
Hong Kong: SCIT launches IPD Open Days
Hong Kong Intellectual Property Department
...
Nicaragua- Country Profile
Wipo
...
US Copyright Office- Fair Use
US Copyright Office
...
An Overview of Copyright Protection in New Zealand
New Zealand Ministry of Economic Development
...
China's Slack Government Officials will be Accountable for IP violations
Martha L. Arias, LL.B., J.D., LL.M.
"Intellectual property protection should be placed high on the agenda of regional governments and integrated into master plans for economic and social development," is ...
China's Action Plan on IPR Protection 2006
Embassy of the People's Republic of China in the United States of America
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Beijing orders computers to be sold with legitimate operating system
Embassy of the People's Republic of China in the United States of America
...
The Andean Community: The Common Industrial Property System
The Andean Community, Intellectual Property Site
...
Japan’s Trademark Law
Martha L. Arias, Attorney at Law, IBLS Editor
Intellectual property laws, particularly copyrights and trademarks, became a fundamental topic for Internet dealings. Fortunately, most countries around the world are signatories to the ...
Open Source Licenses and Copyright Infringement Claims
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
Copyright owners who dedicate their works to free public use can control the future distribution and modification of those works and claim copyright infringement ...
Copyrighted Material v. University-Provided Digital Copies.
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
This could be one of those IP-IT (Intellectual Property- Information Technology) land-marking cases in the United States ("US"): Oxford University Press, Cambridge University ...
Counterfeiters and pirates may go to prison for a minimum of four years and face fines between 100,000 and 300,000 euros if a European Commission proposal becomes a Directive.
Editor, Maricelle Ruiz, IBLS Director -- Europe
Counterfeiters and pirates may go to prison for a minimum of four years and face fines between 100,000 and 300,000 euros if a European ...
South Africa has the lowest software piracy rate in Africa, while Zimbabwe has the highest in the world
Editor, Maricelle Ruiz, IBLS Director -- Africa
With a 36% software piracy rate, South Africa has the lowest rate in Africa and is just one percentage point above the global average ...
Western Europe possesses low software piracy rate; Central and Eastern Europe struggle to catch up
Editor, Maricelle Ruiz, IBLS Director -- Europe
The software piracy record in Europe is mixed, according to the recently released Third Annual BSA and IDC Global Software Piracy Study. Some ...
Israel and the UAE possess the lowest software piracy rates in the Middle East
Editor, Maricelle Ruiz, IBLS Director -- Middle East
Israel has the lowest software piracy rate in the Middle East, while Lebanon has the highest, according to the Third Annual BSA and IDC ...
WIPO commends Morocco’s IP initiatives
Editor, Maricelle Ruiz, IBLS Director -- Africa
The World Intellectual Property Organization recently praised Morocco’s efforts to strengthen its Intellectual Property system and pledged its continuous support. During a meeting at ...
Interactive Websites and the Issue of Liability
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
Interactive websites are the new way to get information and participate in developing information. Internet users not only surf the web looking ...
Video-Sharing: may this new Internet Phenomenon Violate Copyrights?
Martha L. Arias, IBLS Director.
Vide-sharing is the contemporary style of free speech. Users generate videos and upload them in video sharing websites. You may find videos ...
Another Fine Line: Civil Liberties and the Digital Millennium Copyright Act
IBLS Editorial Staff
The Digital Millennium Copyright Act (DMCA), which was passed in 1998 in order to police online copyright infringement, has been widely criticized by civil ...
The bill Proposed by Meretz for the Prohibition of File Sharing – Points to Consider
IBLS Contributor Odia Kagan Tel Aviv, Israel, odia@okaganlaw.com
In August 2006, it was published that the Copyright Bill (Digital Media) was tabled with the Knesset by the Meretz Party. This is a ...
Entertainment Outlets ‘Face the Music’
IBLS Contributor: Gladys MIRANDAH, patrick mirandah co., gladys@mirandah.com
Supriyo Mukherjee, the Eastern Regional Head of Phonographic Performance Limited (PPL), which is the licensing arm of the Indian Music Industry (IMI), has sought ...
Cyber-translators are Facing Legal Actions in Spain
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
The Spanish Anti Piracy Federation ("FAP") demanded the operator of a website to shut it down because FAP claims it violates Spanish Copyright laws. ...
Basics of Copyrights Laws in France
IBLS Editorial Department
Copyrights in France are regulated by the French Intellectual Property Code and related international agreements. For instance, France is signatory to the Berne ...
Should Copyright Licenses for the Retransmission of Distant and Local Broadcast Station Signals be Maintained, Eliminated of Modified?
Martha L. Arias, IBLS Director.
Section 109 of the Satellite Home Viewer Extension and Reauthorization Act of 2004 (“Shvera”) requires the US Copyright Office to analyze the existing statutory ...
Enforcement of Intellectual Property Rights Act of 2008
IBLS Contributor: US Chamber of Commerce - Alex Burgos, Senior Manager Communications
The U.S. Chamber of Commerce, the world's largest business federation representing more than three million businesses and organizations of every size, sector, and region, ...
Tuning In to Combating Music Piracy in Chile
IBLS Contributor: Juan Cristóbal Guzmán, Esq., Albagli Zaliasnik Chile, www.az.cl
In Chile, over 400 million songs are downloaded unlawfully every year. Piracy has consumed 50 percent of the music market, as reported by ...
Synopsis of Colombian Copyrights Law
Martha L. Arias, IBLS Director
The increase use of databases, electronic libraries, and many other Internet services worldwide awaken the need for information about other countries laws; particularly copyright, ...
Beijing Puts First-Ever Piracy Criminal in Jail as Fakes Create One-Third of GDP
IBLS Editor
After promising for years to start cracking down on rampant piracy, a Chinese court has now handed down a one-year jail sentence to a ...
The Notice and Takedown Procedure under the DMCA Requires Subjective Good Faith Belief
Martha L. Arias, Immigration & Internet Law Attorney, Miami; IBLS Director
The Digital Millennium Copyright Act of 1998 (DMCA) is the United States law that implements two key World Intellectual Property Organization (WIPO) treaties: the ...
Protection of Databases in Angola
Martha L. Arias, Immigration & Internet Law Attorney, Miami; IBLS Director
Angola is an African country located in the South-Central part of this continent, with approximately 18 million inhabitants according to a 2009 report. Angola ...
Congressmen Standing by the Internet Radio
Martha L. Arias, IBLS Director.
The U.S. Copyright Royalty Board (CRB), as we timely informed, drastically increased the royalty payments due from Internet radio stations. For major Internet ...
Viacom v. YouTube: the Future of Online Video Sharing and Copyrights
Martha L. Arias, IBLS Director.
Viacom's $1 billion lawsuit against YouTube is still pending before the United States District Court for the Southern District of New York. On ...
Universities' Ban to Eliminate File Sharing
IBLS Editorial Department- Shane Greenberg
Universities have proposed the rule of banning computer access to sites that permit file sharing of movies and music which are pirated and loaded ...
U.S. Chamber Highlights Impact of Intellectual Property Rights on Job Creation
IBLS Contributor: U.S. Chamber of Commerce, Alex Burgos, www.uschamber.com
The U.S. Chamber of Commerce’s Global Intellectual Property Center (GIPC) today partnered with the Confederation of British Industry for the Third Annual Global Intellectual ...
U.S. Copyright Crackdown 2007 - A Man Accused of Uploading Copyrighted Material in LiveDigital.com
IBLS Editorial Staff
Producers of the hit FOX series “24” were astonished to find copies of upcoming, never broadcast shows on the Internet, and they sprang into ...
First Ever Australian Extradition to U.S. for Intellectual Property Piracy
IBLS Editorial Staff
In a massive boost for defenders of global intellectual property rights, for the first time ever, an international intellectual property thief was extradited from ...
OECD Calls on Governments to Clamp Down on Counterfeiting
Organization for Economic Co-operation and Development- OECD- www.oecd.org
Governments should work more closely with companies and strengthen enforcement to fight the rising global trade in counterfeit and pirated goods, according to a ...
Privileged Revisions v. Copyrights on Works Republished in Databases and other Electronic Forms
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
The transfer of collective copyrighted works from original prints to databases or electronic forms is redefining copyright principles and laws. Copyright holders are ...
The European Union Affords Harmonized Protection to Computer Programs
Martha L. Arias, IBLS Director
The European Union acknowledged that the development of the software industry required legislative protection. It specifically acknowledged that copying software involves significantly lower costs ...
Germany Reigns Supreme as 2006 Trademark Filings Break Record
IBLS Editorial Staff
The World Intellectual Property Organization (WIPO) reports it received under the Madrid system for the international registration of trademarks a record 36,471 international trademark ...
Pirated Games Played on the XBOX System
Martha L. Arias, Immigration & Internet Law Attorney, Miami; IBLS Director
The XBOX system is currently one of the most popular video game systems in the market. Its popularity may be that it (1) contains ...
Only Live Broadcasts Qualify for Statutory Damages on Unregistered Foreign Works
Martha L. Arias, Immigration & Internet Law Attorney, Miami; IBLS Director
Video sharing Websites such as YouTube, which at inception revolutionized the music industry, have also challenged copyright litigation. Although international organizations have been proactive ...
Dangerous Ruling Forces Search Engine to Log Users
IBLS Contributor: Electronic Frontier Foundation, Press Releases, www.eff.org.
Public Interest Groups Urge Court to Block Radical Expansion of Discovery Rules San Francisco - The Electronic Frontier Foundation (EFF) and Center for Democracy and ...
Hong Kong’s Criminal Copyright Infringement: What Constitutes a Copy Capable of Distribution?
Martha L. Arias, Immigration & Internet Law Attorney, Miami; IBLS Director
Hong Kong not only straightened its copyright laws, but its authorities are actively prosecuting copyright violations; a smart move in an increasingly globalized economy. ...
Intellectual Property Rights in Argentina
IBLS Editorial Department
Argentina protects copyrights, patents, and trademarks; they are called industrial property rights. This article presents the laws regulating copyrights and trademarks and the basic ...
Chip-per Copyright Infringement
IBLS Contributor: Attorney Odia Kagan, Tel Aviv, Israel, odia@okaganlaw.com
US Federal Court determined that the Digital Millennium Copyright Act should be used for the prevention of piracy and illegal copying and not for ...
Audacious Startup Seeks to be Central Web Clearinghouse for Academic Intellectual Property
Kelly O'Connell, IBLS Editor
A company, called SparkIP, formed by former academics from Johns Hopkins and Duke University is attempting to position itself as a central repository for ...
Update on the US Patent Reform
IBLS Contributor: Gerry Elman, Elman Technology Law, P.C., www.elman.com
Gerry Elman, attorney for Elman Technology Law, P.C. and IBLS Contributor, provides the following update on the United States Patent Reform currently in the ...
U.S. Prioritizing Resources and Organization for Intellectual Property Act 2007
Kelly O'Connell, IBLS Editor
In a major coup for the recording and pharmaceutical industries, the U.S. Congress is trying to strengthen Intellectual Property Rights laws with a new ...
Tiffany Jewelers Court Case: Ebay a 'Rat's Nest' of Fakes
Kelly O'Connell, IBLS Editor
In an extraordinary broadside leveled at the integrity of the Internet's largest auction house, Tiffany Jewelers of New York City has claimed in a ...
Albania Copyright Law
Kelly O'Connell, IBLS Editor
Albania is a smaller state in southeastern Europe, bordering the Adriatic and Ionian Seas, directly across from Italy, and set between Greece in the ...
11TH Circ. Court Bans Trademarked Search Engine Metatags
Kelly O'Connell, IBLS Editor
The 11th Circuit Court of Georgia ruled using another's trademarks in meta tags infringes the Lanham Trademark Act, in the case North American Medical ...
United States-India Copyright Treaty
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
Just as China once emerged as the manufacturing outsource centre for U.S. producers, India has emerged as the technological hub, data processing, research, and ...
Operation Ark Royal' Smashes Giant Piracy Site 'OiNK,' while U.S. Loses $58 billion per Annum
Kelly O'Connell, IBLS Editor
"Working in concert with Interpol, British and Dutch police closed down a website in the U.K. called OiNK, claimed the world's largest Web locale ...
Russian Software 80% Pirated: Legal Producers Fight Back while IP Theft Threatens WTO Membership
Kelly O'Connell, IBLS Editor
Struggling for the soul of Russian Intellectual Property Rights (IPR), legitimate software producers are attempting to gain ground against the pirates who dominate software ...
Do you Want a Movie you Purchased on your iPod? You are Breaking the Law
IBLS Contributor Odia Kagan Tel Aviv, Israel, odia@okaganlaw.com
The movie studios in the US filed a lawsuit stating that when you transfer a movie you purchased legally for watching in a DVD ...
German Copyright Law Damns Warhammer Film to Virtual Hades, Needs Revamp
Kelly O'Connell, IBLS Editor
A film regarded as one of the most ambitious fantasy movies ever created, a piece based upon the popular "Warhammer 40,000" game and a ...
Hollywood Writer's Strike Centered on Digital IP Rights; are Net Produced Shows Next?
Kelly O'Connell, IBLS Editor
Old Media just collided with New Media and the sound of the crash has already traveled 'round the world. The issue of digital rights ...
Will the Acquisition of a State Solve Pirate Bay's Troubles?
IBLS Contributor Odia Kagan Tel Aviv, Israel, odia@okaganlaw.com
The operators of Swedish file-sharing website Pirate Bay, following some bitter legal encounters, turned to the declaration of an independent state in order to ...
Crackdown on Anime Downloads
IBLS Contributor: Gladys MIRANDAH, patrick mirandah co., gladys@mirandah.com
Recently, ODEX, a privately owned Singaporean company, caused uproar among anime fans when it decided to undertake what certain quarters called a "clampdown on ...
Video-game Industry Watchdog Clamps Down on Illegal Game Activity in Singapore
IBLS Contributor: Gladys MIRANDAH, patrick mirandah co., gladys@mirandah.com
In an effort to enforce its posture against piracy, the video game watchdog, Entertainment Software Association (ESA) in conjunction with the Singapore Police, carried ...
Where is the love? – A saga in copyright!
IBLS Contributor: Gladys MIRANDAH, patrick mirandah co., singapore@mirandah.com
Malaysia's neighbor, Indonesia, with whom it shares close cultural links, has accused Malaysia of stealing its cultural heritage. The events came about following an advertisement ...
Civil and Criminal Remedies for Infringement under Brazil’s Copyright Law
Martha L. Arias, Immigration & Internet Law Attorney; IBLS Director
The Copyright Act of 1998 protects copyrights in Brazil. The Brazilian Copyright Act defines infringement as the unauthorized copying. It seems simple, but ...
Japan's Protection of Computer Programs
IBLS Editorial Department
Even though copyright laws were not developed envisioning protection of computer programs, the world's tendency to provide copyright protection to computer programs is growing. ...
EU Protection of Copyrights and Service Providers' Obligation to Communicate Personal Data in Civil Proceedings
Martha L. Arias, IBLS Director
Interpretation of European Community laws and their adaptation by Member States is a complex task when several EU Directives are involved. In January 2008, ...
How Does the European Union Treat Copyrights in the Information Society?
IBLS Editorial Department
It is well known that the most of the European Union ("EU)” states are members of the World Intellectual Property Organization (“WIPO”) and signatories ...
UK’s Proposed Internet Anti-Piracy Rule for File-Sharing: Three Strikes and You Are Out
IBLS Editorial Department
The British government has introduced an Internet Anti-Piracy rule that would require Internet Service Providers ("ISP”) to suspend Internet services from those who engage ...
How to Register Software Products in Colombia
IBLS Editorial Department
It is advisable that software producers register their products before the intellectual property office of both their domestic countries and those foreign countries where ...
How to Protect Software in the United States?
Martha L. Arias, Attorney at Law; IBLS Editor
A number of foreign software developers seeking protection of their intellectual property works in the United States sometimes find this task a bit expensive. ...
Does a Website that Archives other Websites Violate Copyrights?
Martha L. Arias, Attorney at Law; IBLS Editor
It is fascinating to see how as new e-businesses evolve so related lawsuits do -well, it may not be that fascinating for the parties ...
Google's Cached Links do Not Violate the U.S. Copyright Act
Martha L. Arias, Immigration & Internet Law Attorney, Miami; IBLS Director
It may not be that difficult to write a book titled “Google"s lawsuits;” at least, the material is abundant. Google is already known ...
Jurisdictional Complexity of the Misrepresentation Provision under the DMCA
Martha L. Arias, Attorney at Law; IBLS Editor
The Digital Millennium Copyright Act (DMCA) allows a copyright owner who observes infringing content on a Website to have the content taken down. ...
Third Party Websites Collecting User Information from Facebook
Martha L. Arias, Immigration & Internet Law Attorney, Miami; IBLS Director
Social networks are a great way to communicate and share events and experiences. Yet, as many other innovative Websites, social networks comprise features ...
EU Protection of Copyrights and Service Providers' Obligation to Communicate Personal Data in Civil Proceedings
Martha L. Arias, Immigration & Internet Law Attorney, Miami; IBLS Director
Interpretation of European Community laws and their adaptation by Member States is a complex task when several EU Directives are involved. In January 2008, ...
Crimes under Japan’s Copyright Act
Martha L. Arias, Immigration & Internet Law Attorney, Miami; IBLS Editor
Japan's Copyright Act protects the rights of authors and the rights neighboring thereon with respect to works, performances, phonograms, broadcasts, and wire diffusions. ...
TV Signal in Hotel Rooms under the EU Copyright Directive
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
The European Union (EU) Directive 2001/29 on the harmonization of certain aspects of copyright and related rights in the information society (the Copyright Directive ...
Does a Beneficial Owner Have Standing to Sue the Government for Copyright Infringement?
Martha L. Arias, Immigration & Internet Law Attorney; IBLS Editor
The notion of e-government besides bringing new services to constituents is exposing the government to new forms of liability. For instance, government's websites may ...
European Protection of Copyrights and Relate Rights in the Information Society
Martha L. Arias, Immigration and Internet Law Attorney, Miami; IBLS Director
European Parliament and Council Directive 2001/29/EC of May, 2001 was issued to harmonize copyrights and related rights in the information society in Europe. This ...
Internet Images and Copyrights: Be Aware
Martha L. Arias, IBLS Editor
Images are easily available on the Internet. People use them all the time, even the Website designers we hire; but, be careful. ...
 
From the Digital Library
Title/Abstract
ENFORCEMENT OF RIGHTS UNDER BOTSWANA COPYRIGHT LAW
IBLS Editorial Board - Staff Attorney
Once known as the British protectorate of Bechuanaland, it re-christened itself Botswana and declared independence in 1966. Situated atop South Africa, this country is ...
COPYRIGHT LEGISLATION IN THE UNITED KINGDOM
IBLS Editorial Board - Staff Attorney
The United Kingdom (U.K.) Copyright, Designs and Patents Act of 1998 (CDPA) is the central U.K. legislation on copyrights. CDPA establishes civil and criminal ...
Application of the Fair Use Doctrine in Intellectual Property and Search Engines Litigation
IBLS Editorial Board - Staff Attorney
The United States (U.S.) Copyrights Legislation appears in title 17 of the United States Code (17 U.S.C.S –The Copyright Act). Title 17 U.S.C.S. ...
US Laws Applicable to Internet Intellectual Property Infringements
IBLS Editorial Board - Staff Attorney
Wrongful practices on the Internet are affecting genuine copyrights and trademark owners, sellers, and bonafide consumers. In order to curb such intellectual property ever-increasing ...
Image Searches and the Issue of Copyrights
IBLS Editorial Board - Staff Attorney
Image search engines are software engines that find images on the web and make them available for the general public. Many Internet users ...
U.s. Copyright Royalty Rates: Who Sets Them?
IBLS Editorial Board - Staff Attorney
Copyright violations may certainly increase in the cyber world. The United States and the International Community are deliberately revising current copyright laws and ...
Other Constitutional Concerns Raised By Intellectual Property Cybercrimes
IBLS Editorial Board - Staff Attorney
Legislation aimed at fighting intellectual property cybercrimes (IP cybercrimes) has become quite extensive, which is legally justifiable considering the significance of these threats. However, ...
Another Fine Line: Civil Liberties And The Digital Millennium Copyright Act
IBLS Editorial Board - Staff Attorney
The Digital Millennium Copyright Act (DMCA), which was passed in 1998 in order to police online copyright infringement, has been widely criticized by civil ...
Fighting Intellectual Property Cybercrimes: Internet Usage Monitoring at the Workplace
IBLS Editorial Board - Staff Attorney
Intellectual property cybercrimes (IP cybercrimes) may carry third party liability and significant penalties for employers. Thus, every organization should adopt appropriate measures to prevent ...
What Law does Apply to Intellectual Property Cybercrimes in the United States?
IBLS Editorial Board - Staff Attorney
Intellectual Property (IP) cybercrime is a growing phenomenon that may have catastrophic financial consequences. It is necessary to know what laws apply to IP ...
Jurisdiction: The Interactivity Approach
IBLS Editorial Board - Staff Attorney
As indicated in the summary entitled “Jurisdiction: the Minimum Contacts Principle,” when US courts have to decide whether they have jurisdiction over an e-business, ...
Liability Of Internet Service Providers In The European Union
IBLS Editorial Board - Staff Attorney
Internet Service Providers (ISPs) operating in the European Union are subject to the application of Directive 2000/31/EC of the European Parliament and of the ...
Email Privacy In The Workplace
IBLS Editorial Board - Staff Attorney
Employers are often concerned about the productivity of employees who send personal emails or browse through recreational websites at the office. Recreational surfing ...
Italian Acknowledgment of EU Directive 2001/29/EC on the Harmonization of Certain Aspects of Copyrights and Related Rights in the Information Society
IBLS Charter Partner - Staff Attorney
Italian Decree n.68 dated April 9, 2003, adopted the EU Directive 2001/29/EC of the European Parliament and of the Council of May 22, ...
Acknowledgment Of Directive 2001/29/ec On The Harmonization Of Certain Aspects Of Copyright And Related Rights In The Information Society (1): Exclusive Right Of Reproduction, Communication And Distribution
IBLS Charter Partner - Staff Attorney
Decree n.68 dated 9th April 2003 acknowledged in the Italian regulations Directive 2001/29/EC of the European Parliament and of the Council of 22nd May ...
How to Prevent Software Piracy?
IBLS Editorial Board - Staff Attorney
Copyright infringement of software, also called “software piracy” by those seeking to prevent it, is one of the main threats faced by software companies, ...
How To Avoid Internet Copyright Infringement?
IBLS Editorial Board - Staff Attorney
Given the variety of material involved in the set up and operation of a website (text content, images, etc.), it is very easy for ...
How To Actively Fight Internet Copyright Violation?
IBLS Editorial Board - Staff Attorney
As indicated in the summary entitled “How to Protect a Website from Copyright Violation,” it is extremely easy to violate the rights of a ...
How To Protect A Website From Copyright Violation?
IBLS Editorial Board - Staff Attorney
As indicated in the summary entitled “What Constitutes Copyright Infringement on the Internet,” nothing’s easier than to violate inadvertently the rights of a copyright ...
What Constitutes Copyright Infringement on the Internet?
IBLS Editorial Board - Staff Attorney
As indicated in the summary entitled “Internet Copyright Issues: How does Copyright Work?” whenever information is posted on a website, in the form of ...
How Does Copyright Work?
IBLS Editorial Board - Staff Attorney
Any e-business might be affected by Internet copyright issues. The simple fact of posting content on a company’s website might get the company ...
Website Legal Audit – Methodology
IBLS Editorial Board - Staff Attorney
The anarchical proliferation of commercial websites leads to the increase of the regulations applicable to the Internet. This body of regulations has become ...
Website Legal Audit – Ownership And Copyright Issues
IBLS Editorial Board - Staff Attorney
Many legal issues are raised by the creation, launch and operation of a website. Because these issues are often complex, a website legal ...
Website Legal Audit – Presentation And Rationale
IBLS Editorial Board - Staff Attorney
The number of laws and regulation affecting the Internet has increased exponentially in the last ten years. Consequently, publishers, website designers, site owners, ...
How To Prevent The Risks Associated To The Use Of The Internet By Companies Employees
IBLS Editorial Board - Staff Attorney
Employees sending personal emails or browsing through recreational websites at the office are obviously less productive; besides, this recreational surfing might create a host ...
Legal Basis For Employer Liability In Connection With The Use Of The Internet By Employees
IBLS Editorial Board - Staff Attorney
Recreational Internet surfing not only creates productivity issues, but it can also cause employers plenty of legal problems. For instance, employers might be ...
Rules, Objectives, And Procedure For The Registration Of Copyrights Under The Colombian Legislation, Including Registration Of Software
IBLS Editorial Board - Staff Attorney
Colombian Copyright Law 44 of 1993 modified and supplemented Copyright law 23 of 1982, which had established the copyright principles in Colombia. Law ...
Protection To Foreign Copyrighted Works Under The Colombian Legislation
IBLS Editorial Board - Staff Attorney
Law 23 of 1982 constitutes the legal framework of copyright laws in Colombia. Chapter IV, section one, contains the applicable rules to the ...
General Rules Of Colombian Copyright Law 23 Of 1982
IBLS Editorial Board - Staff Attorney
Different approaches to copyrights laws conferred by diverse jurisdictions may proof wise when an e-business is selecting its choice of law forum. Intellectual ...
Protection To Computer Programs Under The Brazilian Legislation
IBLS Editorial Board - Staff Attorney
Internet transactions opened the door for a global economy but it created the need for a wide range of legislation as well. The ...
Differences In Database Protection Policies Between The Eu And The Us
IBLS Editorial Board - Staff Attorney
Online databases play a very important role in the development of the Internet. However, despite their importance, the legal protection they receive in ...
Eu And Us Policies Regarding The Liability Of Internet Service Providers
IBLS Editorial Board - Staff Attorney
On of the major issues of Internet law is the question of who should be liable for copyright infringement that takes place online. ...
Emerging Issues Related To International Digital Copyright Protection
IBLS Editorial Board - Staff Attorney
International electronic commerce has certain implications on Intellectual Property rights, and, in reaction, an adequate and effective international legal framework is being implemented which ...
Domain Names, Company Names, and Trademarks under Mexican law
IBLS Charter Partner - Staff Attorney
The Mexican Institute of Industrial Property (Instituto Mexicano de Propiedad Intelectual, or IMPI) is the Mexican Government body in charge of Industrial Property matters. ...
Eu Topic: Eu And Us Policies Regarding Copyright Protection In The Information Society
IBLS Editorial Board - Staff Attorney
The borderless nature of the Internet offers great commercial opportunities since it provides no inherent barriers to trade in the form of on-line customs ...
European Union Copyright Directive
IBLS Editorial Board - Staff Attorney
EU copyright legislation has evolved during the past decade with the objective of harmonizing rules to insure uniform protection in the new technological environment. ...
La Topic: World Trade Organization Geneva Ministerial Declaration And Work Program On E-commerce
IBLS Editorial Board - Staff Attorney
The World Trade Organization (WTO) recognizing the importance of electronic commerce in international trade adopted the Geneva Ministerial Declaration on Electronic Commerce on May ...
Trade Related Aspects of Intellectual Property Rights(TRIPS) and its Relation to E-Commerce
IBLS Editorial Board - Staff Attorney
The concept of Intellectual Property Rights (IPR) is closely related to Commercial transactions, whether traditional transactions or e-commerce transactions. The Word Trade Organization ...
The OECD Recommendations on Characterization of E-Commerce Revenue
IBLS Editorial Board - Staff Attorney
ABC company located in the United States sells a book to Ronaldo Silva residing in Brazil. How should ABC report its revenue if the ...
Copyrights Under The Law Of Malaysia
IBLS Editorial Board - Staff Attorney
Copyright protection in Malaysia is governed by the Copyright Act 1987, which provides comprehensive protection for copyrightable works (the “Copyright Act.”) The Copyright ...
Andean Copyright System
IBLS Editorial Board - Staff Attorney
The Andean Community has become very important in Latin America in the development of trade strategies and tariff policies as well with the protection ...
Cords Electronic Copyright System
IBLS Editorial Board - Staff Attorney
Electronic filing systems have already been in place for trademarks and patents. The electronic filing system has become available for the electronic filing ...
Affecting Intellectual Property Integrity
IBLS Editorial Board - Staff Attorney
Crimes affecting the integrity of intellectual property can be actionable under criminal law. These types of crimes can occur for the improper use ...
Copyright Ordinance of 2001 & Its Effect on Hong Kong Laws
IBLS Editorial Board - Staff Attorney
Copyright law becomes automatic when the work is created. However the Copyright Ordinance of 2001 was proposed with the goal of criminalizing software ...
Law And Mp3 In Germany
IBLS Editorial Board - Staff Attorney
One of the most controversial topics regarding Cyber law is still the issue of MP3 files. The music industry asserts that MP3 is responsible ...
Caching Under The Copyright Directive (eu)
IBLS Editorial Board - Staff Attorney
The new directive of the European Union concerning the “information society” is one step on the way to the European harmonization of Copyright Law ...
Electronic Book Under French Law
IBLS Editorial Board - Staff Attorney
Electronic books – or books that have been converted to digital form and can be read on a computer – represent a huge potential ...
Proof Of Copyright Infringement
IBLS Editorial Board - Staff Attorney
Copyright laws confer exclusive rights to copyright holders to prevent others from using their works without some written permission in the form of license ...
Fair Use Defense Under Copyright Law
IBLS Editorial Board - Staff Attorney
The fair use doctrine is a defense available when a prima facie case of copyright infringement is proven. The infringer is able to argue ...
Remedies Available Under Copyright Law
IBLS Editorial Board - Staff Attorney
Remedies are available under copyright law for infringement in which an aggrieved individual can file a civil action in federal district court. These ...
Uruguay Round Agreement Act & And Its Effect On Patent Duration And On Provisional Applications
IBLS Editorial Board - Staff Attorney
The Uruguay Round Agreements Act (URAA) was passed that made several key amendments to the United States Patent Laws. The amendments made to ...
Uruguay Round Agreement Act & And Its Effect On The Restoration Of Copyrights
IBLS Editorial Board - Staff Attorney
The Uruguay Round Agreements Act (URAA) restores copyright in certain foreign works originally published without notice. The URAA was able to make copyright ...
Notice Requirements For Copyrights
IBLS Editorial Board - Staff Attorney
Although the copyrights notice requirement is not essential under United States law, it can be helpful to prove that the infringer had notice of ...
Online Music Distribution Under French Law
IBLS Editorial Board - Staff Attorney
The diffusion of musical works on the Internet is generally illegal unless expressly authorized by law or by the copyright holder. In France, ...
Copyright Laws Meet The Internet: The Digital Millennium Copyright Act
IBLS Editorial Board - Staff Attorney
The World Intellectual Property Organization (“WIPO”) met in 1996 in Geneva and treaties were signed. The Digital Millennium Copyright Act that was passed ...
The Right To Diffuse Musical Excerpts On The Internet Under French Law
IBLS Editorial Board - Staff Attorney
Under French law, it is illegal to reproduce any work without the consent of the author of this work, unless this reproduction is limited ...
The Right To Quote On The Internet Under French Law
IBLS Editorial Board - Staff Attorney
Under French law, it is prohibited to reproduce any work without the consent of the author of this work. However, once the work ...
Copyright, Designs & Patent Act
IBLS Editorial Board - Staff Attorney
The Copyright Designs & Patent Act of 1988 gives the authors of copyrighted works the right to control the ways in which their copyrighted ...
Copyright Law Under United Kingdom Law
IBLS Editorial Board - Staff Attorney
Copyright law under the United Kingdom law protects original literary, dramatic, musical and artistic works, published editions of works, sound recordings, films (which include ...
The Universal Copyright Convention
IBLS Editorial Board - Staff Attorney
The Universal Copyright Convention (“UCC”) was an example to the extension and revisions of the Berne Convention. The UCC had the goal of ...
British Copyright Council
IBLS Editorial Board - Staff Attorney
The British Copyright Council (“BCC”) has been an important legislator of regulations involving copyright laws with the increased use of the Internet and digital ...
Locating Copyright Holders
IBLS Editorial Board - Staff Attorney
In some occasions, the copyright holder can be difficult to locate for various reasons. These reasons can include that the publishing house is no ...
The Visual Artists Rights Act
IBLS Editorial Board - Staff Attorney
Moral rights are a collection of rights that allow an author to have control over preserving the integrity of his work and artistic personality. ...
Moral Rights under Copyright Law
IBLS Editorial Board - Staff Attorney
Moral rights are a collection of rights that allow an author to have control over preserving the integrity of their work and artistic personality. ...
Green Paper In The European Union
IBLS Editorial Board - Staff Attorney
The European Union has passed the Green Paper on Copyright and Related Rights in the Information Society for the Protection of Minors and Human ...
Copyright Protection For Computer Programs Under European Union Law
IBLS Editorial Board - Staff Attorney
There has been a need to protect the unauthorized reproduction of software and computer programs so that creativity and innovation is rewarded and encouraged. ...
Australia’s Digital Content Act
IBLS Editorial Board - Staff Attorney
Australia's Digital Agenda Act has modified Australia’s copyright laws in ways similar to how the Digital Millennium Copyright Act modifies U.S. law. Among other ...
The Trips Agreement
IBLS Editorial Board - Staff Attorney
Because of the global nature of the Internet, there is a need to protect intellectual property on a global basis. The WTO’s Agreement ...
Taiwanese Recognition Of U.s. Copyright Law
IBLS Editorial Board - Staff Attorney
In the United States, the Supreme Court will determine the duration of a copyright and the right to receive further royalties. The copyright ...
Ownership Issues Under Copyright Law
IBLS Editorial Board - Staff Attorney
The ownership issues of copyrighted work and the definitions of employees and employers has been a question of contention. Under U.S. copyright law ...
Work For Hire Exception Under Copyright Law
IBLS Editorial Board - Staff Attorney
Work for hire situations can cause confusion on determining the author of the work that being copyrighted. Under U.S. copyright law is that ...
COPYRIGHT PERMISSION MYTHS
IBLS Editorial Board - Staff Attorney
The use of the Internet has increased copyright infringement cases. Usually, before any copyright infringement litigation, the copyright owner issues a "cease and ...
The Copyright Term Extension Act And Congress Authority To Extend Copyright Terms
IBLS Editorial Board - Staff Attorney
The Copyright Term Extension Act (CTEA), also known as the Sonny Bono Act, was enacted by the United States Congress and entered into force ...
Digital Choice And Freedom Act Of 2002
IBLS Editorial Board - Staff Attorney
Washington lawmakers have been introducing legislation that deals with the fair use of digital works of copyrighted works. Congresswoman Zoe Lofgren (D-CA) has ...
New Legislation Considered To Deal With The Circumvention Techniques Of Digital Works
IBLS Editorial Board - Staff Attorney
Washington lawmakers have introduced legislation that deals with the fair use of digital works of copyrighted works. Representatives Rick Boucher (D-Va.) and John ...
Musicians And The Authorized Posting Of Their Music
IBLS Editorial Board - Staff Attorney
The recording industry has been vocal about the posting of musical compositions on websites. Musicians generally have not been vocal about the trading ...
Free Software Under French Law
IBLS Editorial Board - Staff Attorney
As opposed to proprietary software, which use, redistribution or modification is prohibited, or requires the authorization of the author, free software is based on ...
Source Code and Right of the Software User under French Law
IBLS Editorial Board - Staff Attorney
Under French law, the author of software enjoys an exclusive property right that is enforceable against all persons, including the user. The source ...
Computer Programs Protection Under French And European Law
IBLS Editorial Board - Staff Attorney
Under French law, computer programs are protected under copyright law, but are not patentable. However, this situation might change in the near future. ...
Off-line Browsing Under French Law
IBLS Editorial Board - Staff Attorney
Off-line Web browsers make it possible to download web pages, and all associated graphics on the user’s hard drive for viewing off-line. Many ...
The Protection Of Databases’ Content Under French Law
IBLS Editorial Board - Staff Attorney
Databases are protected under European law by the Directive on the Legal Protection of Databases of March 11, 1996, which was implemented under French ...
Creation Of The Website By An Employee Under French Law
IBLS Editorial Board - Staff Attorney
Whenever a company assigns the creation of its Website to one of its employees, this company needs to make sure that it is entitled ...
The Communication Of Mp3 Music Files On The Internet Under French Law
IBLS Editorial Board - Staff Attorney
The creation of the MP3 technology has made the reproduction and communication of songs on the Internet easily accessible. However, unless expressly authorized ...
Whether Hyperlinks To Pirated Material Constitutes Copyright Infringement
IBLS Editorial Board - Staff Attorney
The Recording Industry sued MP3board.com in federal court for copyright infringement based on their hyperlinks to pirated material. A U.S. District Court in ...
The Digital Copyright Millennium Act Nd Its Effect On Encryption
IBLS Editorial Board - Staff Attorney
The Digital Millennium Copyright Act (DMCA) has had a chilling effect on the progress being made by encryption. The anti-circumvention provision of the ...
Intellectual Property Protection For Databases
IBLS Editorial Board - Staff Attorney
Databases that are being used do provide meaningful organization of information, but these systems are not protected by intellectual property laws. Intellectual property ...
Technology Developed To Prevent Cd Copying
IBLS Editorial Board - Staff Attorney
New technology has been created to prevent unauthorized compact disc copying. This new software, OpSecure CD, has been developed and comes with invisible ...
Internet Service Providers Compliance With Digital Millennium Copyright Act Safe Harbor Provisions
IBLS Editorial Board - Staff Attorney
The issue of whether or not an Internet service provider must be forced to relinquish private information on a subscriber has become hotly debated. ...
Routing Systems Force Internet Service Providers To Become Liable For Providing Access To Copyrighted Works Being Illegally Distributed
IBLS Editorial Board - Staff Attorney
In an attempt to prosecute internet service providers for copyright infringement liability, the recording industry has sought a court-order as a remedial measure to ...
Biginning Of The Enforcement Of Copyright Laws Against Online Music Swappers
IBLS Editorial Board - Staff Attorney
In the fight against digital music piracy, Internet Service Providers or individuals permitting the uploading and downloading of copyrighted music files are increasingly been ...
Overseas Digital Music Copyright Enforcement Issues
IBLS Editorial Board - Staff Attorney
Copyright provisions and enforcement has become difficult in the Internet medium and by peer-to-peer file sharing. While the Recording Industry Association of America ...
Digital Rights Management And Fair Use Defense
IBLS Editorial Board - Staff Attorney
There has been a recurring conflict between digital rights management and the right of individuals to use copyrighted materials for limited uses. Digital ...
New Legislation Proposed To Reduce Small Webcasting Fees
IBLS Editorial Board - Staff Attorney
Federal lawmakers have introduced the Internet Radio Fairness Act is a bill that would exempt from royalties any business that makes less than $6 ...
Peer-To-Peer File Sharing, and Contributory and Vicarious Liability
IBLS Editorial Board - Staff Attorney
US copyright laws and related state laws began to extensively apply to peer -to-peer file-sharing cases after 2004. A decision by the Ninth ...
Hacking Legislation Proposed To Prevent Peer To Peer Sharing That Leads To Copyright Violations
IBLS Editorial Board - Staff Attorney
New legislation has been introduced by the House of Representatives that would amend the Copyright Act, to limit the liability of copyright owners for ...
Pioneer Lawsuit Filed To Overturn Certain Key Dmca Provisions
IBLS Editorial Board - Staff Attorney
The American Civil Liberties Union (ACLU) has filed a lawsuit to overturn certain key provisions of the Digital Millennium Copyright Act (DMCA). ...
European Union Copyright Directive
IBLS Editorial Board - Staff Attorney
The European Union Copyright Directive which is almost the equivalent of the Digital Millennium Copyright Act has been approved which enacts new extensions to ...
Hyperlinking As A Trafficking Offense Under The Copyright Act
IBLS Charter Partner - Staff Attorney
Hyperlinking, or providing a clickable link from one Web site to another, is not likely to subject a company to liability in the usual ...
Publication of Decryption Software Violates DMCA
IBLS Editorial Board - Staff Attorney
This article addresses the issue of the application of the Digital Millennium Copyright Act (DMCA) to the publishing of software-decryption information on an Internet ...
Knowledge Of Posted Infringing Material And A Derivation Of Financial Income Based On Posted Material Constitutes Contributory And Vicarious Copyright Infringement
IBLS Editorial Board - Staff Attorney
In Perfect 10 Inc. v. Cybernet Ventures Inc., the court determined that although direct infringement was not present, both vicarious infringement and contributory copyright ...
Reaplication of a Copyrighted Site and Statutory Damages under 17 U.S.C. Section 505
IBLS Editorial Board - Staff Attorney
In the United States, a website is protected under copyright laws and its infringement can direct to the award of damages for the website ...
Copyright Act Preemption Of State Common Law Right Of Publicity
IBLS Editorial Board - Staff Attorney
The United States Copyright Act, a federal law, explicitly preempts all legal or equitable rights that are equivalent to any of the exclusive rights ...
Registrar Cannot Be Held Liable For Infringement For Mere Registration Of A Domain Name
IBLS Editorial Board - Staff Attorney
This case was pioneering in that it stated that domain name registrars cannot be held liable for registration of a domain name, without more, ...
No Electronic Theft Act Legislation Designed To Prevent A Hole In Criminal Law Enforcement As It Pertains Online
IBLS Editorial Board - Staff Attorney
The No Electronic Theft Act Legislation, intended to close a loophole in criminal law. People who intentionally distribute pirated software over the Internet ...
Digital Music, Copyright Infringement, and the Fair Use Doctrine
IBLS Editorial Board - Staff Attorney
Internet sites offering music services must obtain a license and pay royalties for the copyrighted works played. Indeed, it is now well-known that ...
Infringement of Copyrighted Sound Recording by an Unkown Website Operator
IBLS Editorial Board - Staff Attorney
Copyright provisions have found their way onto the Internet, quite frequently, in the advent of digital music. The decision of A&M Records v. Internet ...
Compuserve Vs Cyber Promotions Decision Upheld And A Famous Mark Is Tarnished When Associated With The Sending Of Unsolicited Spam Email
IBLS Editorial Board - Staff Attorney
In AOL v. IMS, the court awarded AOL summary judgment and determined that the sending of over 60 million pieces of unauthorized junk e-mail ...
Liability for Copyright Infringement will be Imposed on an Operator who Willfully Assists Subscribers in the Infringement of another's Copyrights
IBLS Editorial Board - Staff Attorney
In Sega Enterprises v. MAFIA, the court determined that bulletin board service operators can be liable for the infringing files that have uploaded and ...
Strict Liability Can Be Imposed On A Bbs Operater To Prove Direct Infringement Even If Infringing Files Have Been Uploaded By Subscribers
IBLS Editorial Board - Staff Attorney
In Playboy Enterprises, Inc. v. Frena Inc., the court determined when bulletin board service operator can be liable for the infringing files that have ...
Whether A Bbs Can Be Liable For Copyright Infringement Depends On The Standards Of Knowledge For Contributory Infringement
IBLS Editorial Board - Staff Attorney
In Religious Technology Center v. Netcom On-Line Communication Services, Inc., the court determined whether a bulletin board service and the large Internet providers should ...
Kelly V. Ariba Decision Leads To The Inline Linking Not Being Permitted
IBLS Editorial Board - Staff Attorney
Websites have become more technological and crafty with the use of hyperlinks, framing and now the use of inline linking. These technological innovations ...
An Isp’s Review And Approval Of Copyright-protected Information Did Not Bar Them From Qualifying For Safe Harbor Status
IBLS Editorial Board - Staff Attorney
The Digital Copyright Millenium Act (DMCA) contains provisions that deal with safe harbor provisions for online service providers. An Internet Service Providers (ISPs)’s ...
Where A Cease And Letter Clearly Identifies The Improper Material Posted, The Internet Service Provider Is On Notice Of Dmca
IBLS Editorial Board - Staff Attorney
The Digital Copyright Millenium Act contains provisions that deal with safe harbor provisions for online service providers. The notice requirement to the Internet ...
Consumers Bring Class Action Suit To Allege Defective Products Against Release Of Cd Protected Cds
IBLS Editorial Board - Staff Attorney
A class action suit has been filed to deal with the new compact disc copying protection mechanisms that are being placed in the music. ...
Electronic Publication Rights Of Freelance Writers
IBLS Editorial Board - Staff Attorney
The decision of New Times Co. v. Tasini, demonstrated that the publishing companies may hold rights to publish articles in periodicals from freelance writer, ...
The Licensing And Copyright Issues Of International Online Film Piracy
IBLS Editorial Board - Staff Attorney
International movie piracy has been a problem with the advent of foreign companies that are permitting the online distribution of copyrighted movies. The ...
Wire Fraud Statute Does Not Extend To Copyright Act
IBLS Editorial Board - Staff Attorney
This case demonstrates that the wire fraud statute does not extend to copyright infringement in certain instances. This case demonstrates that the government ...
Fair Use Under Copyright Law Does Not Protect Websites That Copied Verbatim News Stories
IBLS Editorial Board - Staff Attorney
This case demonstrates that the posting of verbatim articles in a forum for users to make their comments and criticisms regarding the subject matter ...
Kazaa Defeats Copyright Violations In A Dutch Court But Faces Bankruptcy
IBLS Editorial Board - Staff Attorney
Copyright provisions are finding their way into being applied to an Internet medium. File-swapping company Kazaa has been facing lawsuits for its technology ...
The Licensing Issues Of Electronic Books
IBLS Editorial Board - Staff Attorney
The decision of Random House, Inc. v. Rosetta Books, demonstrated that the publishing companies may hold rights in the work that does not include ...
The Safe Harbor Provisions For Online Service Providers In The Digital Copyright Millenium Act (dmca)
IBLS Editorial Board - Staff Attorney
The Digital Copyright Millennium Act contains provisions that deal with safe harbor provisions for online service providers. This provision was tested in the ...
Audio Home Recording Act And Its Implications On Digital Music
IBLS Editorial Board - Staff Attorney
Copyright provisions are finding their way to an Internet medium. The decision of Recording Industry, Inc. v. Diamond Multimedia Systems, Inc. is the ...
Digital Copyright Law Trumps Free Speech
IBLS Editorial Board - Staff Attorney
A federal judge denied a Russian software vendor’s request to dismiss criminal charges against them for violating the Digital Millenium Copyright Act. A ...
Napster Files For Bankruptcy Under Chapter 11 Proceedings After Facing Extensive Copryight Liability
IBLS Editorial Board - Staff Attorney
In an unprecedented move, Napster filed for Chapter 11 in United States Bankruptcy Court in Delaware. This move occurred after the inability to ...
Senate Proposes Consumer Broadband And Digital Television Act, S.2048, Requiring Government Mandated Security Technology To Fight Digital Piracy
IBLS Editorial Board - Staff Attorney
New legislation has been introduced and has been passed by the Senate that would require computer and consumer-electronic companies to build in copyright technology ...
RIAA v. AUDIOGALAXY- ANOTHER COPYRIGHT SUIT AGAINST A FILE-SWAPPING PROVIDER
IBLS Editorial Board - Staff Attorney
The Recording Industry Association of America (RIAA) filed a lawsuit against Audiogalaxy, and online music provider, for copyright infringement in New York. RIAA has ...
Online Radio Broadcasts Must Pay Royalty Fees
IBLS Editorial Board - Staff Attorney
A ruling by a federal court upholding the legislative decision of the United States Copyright Office means that radio stations that stream their music ...
World Intellectual Property Organization Performances And Phonograms Treaty
IBLS Editorial Board - Staff Attorney
The World Intellectual Property Organization (WIPO) Phonograms and Performances Treaty (WPPT) is one of two sister treaties that entered into force on May 20, ...
Council For Trade-related Aspects Of Intellectual Property Rights, World Trade Organization Work Programme On Electronic Commerce
IBLS Editorial Board - Staff Attorney
The Declaration on Global Electronic Commerce urged the General Council of the World Trade Organization to establish a comprehensive work programme. The Council ...
Judicial Interpretation on Computer Network Copyright Issues in the People’s Republic of China
IBLS Charter Partner - Staff Attorney
On December 19, 2000, the Supreme Court issued the Explanations on Legal Issues regarding Copyright Dispute Cases relating to Computer Networks (Judicial Explanation). The main ...
Central District Of California Grants Summary Judgment For Aol In E-books Case.
IBLS Editorial Board - Staff Attorney
In the U.S. District Court for the Central District of California, federal Judge Florence-Marie Cooper said that the Digital Millennium Copyright Act (DMCA) shields ...
Electronic Commerce In The European Union: Intellectual Property Rights
IBLS Editorial Board - Staff Attorney
Intellectual property rights (IPR) consider creative work as a form of property and give the owners of the creative work the right to use, ...
Digitizing Libraries In Mexico To Be Published On The Internet; A Copyright Infringement Issue.
IBLS Charter Partner - Staff Attorney
Some Mexican libraries have been planning to convert printed books and magazines that they bought to loan out to public to a digital format. ...
Copyright: Isp Not Liable Under Dmca
IBLS Editorial Board - Staff Attorney
Internet Service Providers (ISPs) are no longer liable for the mere transmission of infringing materials over their services. ...
Internet Radio And Copyrights
IBLS Editorial Board - Staff Attorney
Transmissions of an AM/FM radio broadcast over the Internet or other digital communications network are subject to copyright guidelines. ...
Copyright Protection And Computer Repair
IBLS Editorial Board - Staff Attorney
A person performing computer repair may not be liable for the automatic loading of software upon initial starting of the computer if the software ...
Copyright Period Protection
IBLS Editorial Board - Staff Attorney
Today in the United States, copyrights typically run for a period of the author’s life plus 70 years, depending on the time of creation, ...
Copyright: Fair Use
IBLS Editorial Board - Staff Attorney
Fair Use is a defense that allows others to have rights to copyrighted materials due to the existence of the works in the public ...
Preserving Trade Secrets
IBLS Editorial Board - Staff Attorney
By keeping your confidential business practices and secrets private and away from others in the market place, you may be able to attain trade ...
To Patent Or To Copyright
IBLS Editorial Board - Staff Attorney
A patent is a legal monopoly with the government that protects your exclusive control and rights to your Internet process, software, and business methods. ...
Trademarks (protecting Your Exclusive Identity Under 15 U.s.c. 1127)
IBLS Editorial Board - Staff Attorney
A registration of a trademark may protect the exclusivity, identity and value of your intellectual property from the usage by others. ...
“minimum Contacts” Jurisdiction
IBLS Editorial Board - Staff Attorney
The means and frequency of contacts that an on-line seller has within a particular state may determine whether the seller has to defend a ...
“framing” Within A Web Site (drawing Other Web Sites Into A Portion Of Your Web Site)
IBLS Editorial Board - Staff Attorney
Framing the content of anothers web site may be an infringement of the site owner's intellectual property rights. Framing needs proper authorization of ...
Digital Copyright Law In The European Union (eu)
IBLS Editorial Board - Staff Attorney
Under the Council Directive 93/98/EEC: Harmonizing the term of protection of copyright and certain related rights; Private copying of music, films and other works ...