2018

Copyright Small Claims Act: Update

Creative Law Center

A bill designed to give creative professionals a copyright small claims forum to enforce their rights is moving forward in Congress. The post Copyright Small Claims Act: Update appeared first on Creative Law Center. Copyright & Content Protection

Demystifying the Grand Jury

GDB Firm Blog

GRAND JURIES: A Series One of the most important parts of the criminal justice system is also the most opaque: the grand jury. The grand jury convenes in secret and controls whether a defendant stands trial for the most serious criminal charges.

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Patents and Cannabis

Patent Law Blog

Patentability. The position of the United States Patent and Trademark Office (USPTO) on trademarks for cannabis-related goods and services is discussed in my colleague’s blog post, “ Trademark Registration for Cannabis Trademark Owners a Legal Haze.”.

The College Art Association Guide to Fair Use

Art Law Journal

Nicole Martinez. Fair use is a common art law issue that arises for artists. Here, we review the College Art Association's Code of Best Practices in Fair Use for the Visual Arts. Intellectual Property Copyright Act Copyright infringement Fair use featured FIne Art Public Domain

Court in Copyright Case: Don’t Embed That Tweet!

McBayer IP Blog

Posted In copyright , Intellectual Property “When the Copyright Act was amended in 1976, the words “tweet,” “viral,” and “embed” invoked thoughts of a bird, a disease, and a reporter.”

"Aloha Poke": Social Media and Consumer Perception are Part of the Trademark Enforcement Equation

KMK Blog

Once a company owns a trademark, it must police the mark for unauthorized use, or risk losing its rights. As a result, companies will send “cease and desist” letters to enforce and protect their marks. At times, however, legal rights are only one consideration. Public opinion and consumer perception are also part of the equation, as the Aloha Poke Co. (“Aloha Poke”), a Chicago based restaurant, recently learned firsthand

Copyright Application: Step-by-Step

Creative Law Center

Take a tour through the single copyright application with this replay of a live step-by-step session. Move quickly through the tricky parts. Complete with cost saving tips and clear explanations. The post Copyright Application: Step-by-Step appeared first on Creative Law Center.

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Careful What You Ask For

GDB Firm Blog

A contractor who was anxious to demonstrate that it had completed work on 10 of 12 bridges in its contract, finds itself time-barred from asserting any claim on those 10 bridges, proving once again that when contracting with the City of New York, what you say can and will be used against you

Calculating Patent Term Adjustment (PTA) – An Overview

Patent Law Blog

As discussed in our previous post , Patent Term Adjustment (PTA) under 35 U.S.C. 154(b) and Patent Term Extension (PTE) under 35 U.S.C.

Is Facebook Censorship Legal?

Art Law Journal

Steve Schlackman. Facebook censorship policy is becoming more prevalent as it attempts to clean up fake news posted to the platform. But how does that affect Facebook users' right to Free Speech? Public Policy Censorship featured Social media Terms of Service

Tactics for Fighting Online Piracy

Art Law Journal

Steve Schlackman. At some point in any visual artist’s career, they will undoubtedly consider how to protect their work from infringements. Here are some tactics that might help. Piracy Copyright Act Copyright Registration DMCA Safe Harbor featured

Removing a Watermark Can Cost an Infringer Up to $25,000

Art Law Journal

Chris Reed. Recently, Google warned of new methods to remove watermarks online. However, those that do so face larger consequences under DMCA laws. Art Law Journal breaks it down. Piracy Art Law Copyright Act Copyright infringement DMCA Safe Harbor featured Online Piracy

Can Street Artists Protect Their Work?

Art Law Journal

Nicole Martinez. Find out how the Visual Artists Rights Act (VARA) protects public works, like street art, from being altered or destroyed by private land owners. Attribution & Integrity Copyright Act street art Visual Artist Rights Act Work Made for Hire

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Finding Forgeries in the Online Art Market

Art Law Journal

Steve Schlackman. While forgeries in the online art market are prevalent, art forgeries in the general art market are hardly rare. Art Law Journal reviews what collectors should watch out for, including provenance and appropriate documentation. Art Theft & Fraud Fake featured Forgery

Art 52

“Commensurate in Scope with the Claims”: Misphrased?

Patent Law Blog

If you’ve been prosecuting patents for any significant length of time, you’ve probably been hit with the objection that your data, while surprising and unexpected, are not “commensurate in scope with your claims.” Maybe you have some understanding of what this phrase means.

Art 52

Who Really Owns The Art: Creator or Buyer

Art Law Journal

Steve Schlackman. Buying visual art, such as an oil painting, and we may have joint ownership along with its creator. So what did we really buy? Attribution & Integrity Contracts Copyright infringement Fair use FIne Art Visual Artist Rights Act

What Should I Do When Someone Files a Lien Against My Home in NY?

GDB Firm Blog

5 Things to do when liened

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Photographers: New Copyright Registration Laws Are Going into Effect

Art Law Journal

Chris Reed. On February 20, The U.S. Copyright Office will alter the way it accepts applications for copyright registration of photographs. Here's what you'll need to know moving forward. Intellectual Property Art Law Contracts Copyright Act Copyright Registration

Understanding Fair Use with a Dr. Seuss and Star Trek Mashup

Art Law Journal

Chris Reed. Comic book publisher ComicMix allegedly created a mashup of a popular Dr. Seuss book with elements of the iconic Star Trek TV series. Here, we discuss the resulting copyright infringement case, and whether a court may find the work permissible under the fair use doctrine.

These Techniques Can Detect Art Forgery

Art Law Journal

Steve Schlackman. Art forgery remains a rampant issue within the art market and recent cases serve as a reminder of the need for highly technological tools to combat the practice. Art Theft & Fraud Art Law FIne Art

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Videographers Must Obtain Music Licensing Rights

Art Law Journal

Steve Schlackman. For years, videographers have used music as a backdrop in their films, short videos, and documentaries. The law around music licensing is pretty clear: a license is required to use copyrighted music in a video. This has been a standard practice since the dawn of music recordings.

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What the 5 Pointz Verdict Means to Graffiti Artists

Art Law Journal

Louis Smoller. The 5 Pointz $6.7 million verdict will set an important precedent for graffiti artists in future cases involving the Visual Artists Rights Act (VARA). Attribution & Integrity Graffiti Art Visual Artist Rights Act

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Filing Proof Of Service — No Wiggle Room

GDB Firm Blog

Where the Lien Law requires one to serve a copy of one's mechanic's lien upon the contractor by certified mail, and then file the proof of service within 35 days, don't mess around. A subcontractor learned the hard way that failing to do so will invalidate the lien—even where the contractor admitted knowledge of the lien

Women-Owned Business Enterprise Loses "WBE" Certification Where Brothers Perform Important Functions Of The Business

GDB Firm Blog

Contractors beware. It may not be sufficient for a woman to hold more than 50% of the shares of a company and be Chief Executive Officer of a Women-Owned Business Enterprise. An appellate court ruled that the NYS Department of Economic Development acted rationally in refusing to renew the certification of a WBE where the CEO—still active in the company--nevertheless delegated significant responsibilities to her brothers in this family-owned business

Further Developments on Cross-Racial Identification in Criminal Trials

GDB Firm Blog

The issue of cross-racial identification has been a widely discussed one in the criminal defense bar in recent years. The "cross-race effect" has serious implications in a criminal trial where the testimony of a witness identifying a defendant of a different race may be crucial and determinative of the final outcome. A recent Appellate Division decision further expanded the role of the "cross-race effect" in criminal trials

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Liening for Unbilled Work and Unsigned Change Orders

GDB Firm Blog

The Appellate Division both giveth and taketh away—upholding a contractor's right to file a mechanic's lien for work it performed but had not yet invoiced for; but also sustaining an owner's defense of willful exaggeration in connection with the contractor's filing of a mechanic's lien for two unapproved change orders

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Effective Assistance of Counsel and the Right to Appeal

GDB Firm Blog

In New York, every criminal defendant can appeal their conviction to the intermediate appellate court. They do so by filing a notice of appeal within thirty days of the imposition of their sentence. The failure to do so can constitute a waiver of a defendant's appellate rights.

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In A Class of One's Own

GDB Firm Blog

Although a Lien Law trust diversion action must be commenced as a "class action," it may proceed even where the class consists of only one member

Law 40

Your Voice is Your Passport: Can Law Enforcement Force You to Open Your Biometrically Locked Device?

GDB Firm Blog

As of October 2, 2018, New Zealand passed a law which requires travelers entering the country to provide passwords, thumb prints, or other biometric access to their digital devices. Other countries are expected to follow suit. Meanwhile, U.S. Customs officials have already claimed the authority to force travelers into the United States to unlock their devices even without such a statute. The ACLU is currently litigating whether such searches are, in fact, constitutionally permissible

Case Threatening To Redefine Liability For Subway Construction Work Is Thrown Out By Appellate Court

GDB Firm Blog

In a case which had the potential to upend the world of subway construction, the Appellate Division affirmed the proposition that commercial property owners who suffer financial damages as a result of neighboring subway construction work may not recover damages for lost rental income from the MTA or the contractor.

Owner's Payment to GC Is Absolute Defense to Sub's Mechanic's Lien Claim

GDB Firm Blog

It has long been well established that payment in full by the project owner to its general contractor protects it against any later mechanic's lien claim by a subcontractor. The theory is that under the Lien Law, the owner only has to pay once. Having fulfilled its obligation to the general contractor, the owner has an absolute defense against the later claims of unpaid subcontractors.

Law 40

A Shortened Statute Of Limitation - How Low Can You Go?

GDB Firm Blog

While one is generally free to shorten a period of limitations in a contract from the normal 6 years to as few as 90 days, sometimes the circumstances of the project render unenforceable an otherwise reasonable short limitations period

What Is A Coop, For Lien Purposes?

GDB Firm Blog

Most private improvement liens must be filed within 8 months of the last day of work. A shorter time, 4 months, applies for single family dwellings. What time period applies to a coop apartment in a large building containing many similar units

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When Will My Patent Expire? – Calculating Your Patent Term – A Review

Patent Law Blog

The term of a patent defines the time during which the patent is in force and infringing activities may be acted upon. Factors to Consider for Patent Term Calculations. The standard term of U.S.

Immigration and Criminal Law: Effective Assistance of Counsel

GDB Firm Blog

the Sixth Amendment, the United States Constitution guarantees the right to effective assistance of counsel to all criminal defendants. This right extends to citizens and non-citizen criminal defendants alike. New York, which has an established history of protecting non-citizens and ensuring they receive competent legal guidance before pleading guilty, continues this tradition in a recent Appellate Division, First Department decision, People v. Rosario

Law 40

The CLOUD Act: Extending the Long Arm of the Law to Obtain Digital Evidence

GDB Firm Blog

On March 23, 2018 the President signed into law the Clarifying Lawful Overseas Use of Data Act, also known as the "CLOUD Act." " The CLOUD Act amended the outdated Stored Communications Act ("SCA"), 18 U.S.C. § § 2701 et seq. to require email service providers to disclose emails in its possession, custody or control. Specifically, the amendment now includes emails that are stored outside of the United States

Law 40

Liening for Pre-Construction Services? Yes and No.

GDB Firm Blog

Decades of cases still have not resolved the issue of what, if any, pre-construction services are lienable. Here, a court explains the general rules, but kicks the can down the road, leaving the issue still unresolved

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