By In its March 4, 2019, opinion in Fourth Estate Public Benefit Corporation v. Wall-Street.com, the United States Supreme Court unanimously ruled that copyright owners must wait for copyright registration before pursuing lawsuits against accused infringers. Under the Copyright Act of 1976, copyright protection attaches to “original works of authorship,” such as literary, musical or dramatic works as soon as they are fixed in any tangible medium of expression. Thus, for example, once a novelist prepares a handwritten draft of her work, she immediately gains exclusive copyrights to that work.
Infringement
Know the Law: Copyright Infringement or Legal Fair Use?
Q. My company subscribes to various technical journals. We often copy pertinent articles and distribute copies to our employees for their reference. Could we be exposing ourselves to copyright infringement liability?
A. Possibly. The issue is one that implicates the “Fair Use” Doctrine of Copyright Law. A copyright is the federal grant of exclusive legal rights for original works of authorship, such as books, articles, songs, and computer programs. A copyright owner has certain exclusive rights, including the rights to copy and distribute the work. A violation of any of these rights constitutes copyright infringement. Penalties for copyright infringement can be severe, with statutory damages of up to $150,000 per infringement for willful infringement.
To read my full article that was published in the Union Leader, please click here.
Know the Law: Trademark and Logo Infringements
Q. I am planning on starting a new business and am currently in the process of selecting a company name. I also intend to brand a new software product with a trademark and logo. How do I check if the company name and trademark/logo are available and would not infringe another company’s trademark rights?
A. The choice of a corporate name, trade name or trademark is an important decision that can have far reaching consequences for your business. Legal protection extends not only to words functioning as trademarks or service marks, but also to corporate names, logos, designs and advertising slogans. All to often, however, a person will choose a company name or trademark without more than a cursory investigation of name availability at the state level.
To read my full article that was published in the Union Leader, please click here.
Intellectual Property Resource 