Creative Law Center
SEPTEMBER 29, 2018
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.
Art Law Journal
AUGUST 19, 2018
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.
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GDB Firm Blog
DECEMBER 12, 2018
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. Because of its clandestine nature, its critical role is not well understood. Allow us to pull back the veil of secrecy and demystify this important procedural step.
More Than Your Mark
NOVEMBER 30, 2018
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.”. Unlike in the case of trademarks, patentability of cannabis-related products and processes is much more clear-cut.
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Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.
McBayer IP Blog
JUNE 6, 2018
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.” So begins the opinion of the United States District Court for the Southern District of New York in the case of Justin Goldman v.
KMK Blog
AUGUST 21, 2018
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.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Creative Law Center
SEPTEMBER 12, 2018
Knowing how to use famous people in your fiction, art, or film can keep you from getting turned down by a publisher or producer or getting sued by a celebrity. The post How to Use Famous People in Fiction, Art, & Film appeared first on Creative Law Center.
Art Law Journal
OCTOBER 24, 2018
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.
Art Law Journal
AUGUST 27, 2018
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.
Art Law Journal
MAY 3, 2018
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.
GDB Firm Blog
DECEMBER 10, 2018
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.
More Than Your Mark
OCTOBER 19, 2018
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. §156 provide for extensions on the standard patent term, which can be very valuable for products that have long development and/or regulatory approval lifecycles, such as in the case of pharmaceuticals. This post will focus on the calculation of PTA, which is intended to adjust the patent term to compensate for delays caused by the U.S.
Art Law Journal
OCTOBER 15, 2018
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?
Art Law Journal
JULY 26, 2018
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.
More Than Your Mark
JULY 3, 2018
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. Maybe you have some idea what the patent examiner thinks it means. MPEP § 716.02(d) provides: “Whether the unexpected results are the result of unexpectedly improved results or a property not taught by the prior art, the ‘obj
Art Law Journal
MAY 20, 2018
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.
Art Law Journal
MAY 19, 2018
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.
Art Law Journal
MARCH 13, 2018
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. Yet, throughout the video industry, we find music being […].
Art Law Journal
MARCH 1, 2018
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).
Art Law Journal
AUGUST 16, 2018
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.
Art Law Journal
JUNE 28, 2018
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?
GDB Firm Blog
JANUARY 17, 2018
Bucking a trend to the contrary, a recent decision finds condo unit owners can sue an architect for construction defects—even though they had no direct contract with the architect.
GDB Firm Blog
DECEMBER 19, 2018
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.
GDB Firm Blog
DECEMBER 3, 2018
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.
GDB Firm Blog
NOVEMBER 19, 2018
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.
GDB Firm Blog
NOVEMBER 12, 2018
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.
GDB Firm Blog
OCTOBER 30, 2018
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. So important is the right to take an appeal from a conviction that the highest state appellate court, the Court of Appeals, has held that the failure of a lawyer to timely file a notice of appeal constitutes a violat
GDB Firm Blog
OCTOBER 3, 2018
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.
GDB Firm Blog
OCTOBER 1, 2018
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. So long as there is no property damage resulting from the work, an abutting property owner must endure the temporary inconvenience of subway work, no matter how much it interferes wit
GDB Firm Blog
OCTOBER 1, 2018
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.
GDB Firm Blog
AUGUST 1, 2018
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.
GDB Firm Blog
JULY 18, 2018
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?
More Than Your Mark
JULY 16, 2018
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. patents (other than design patents) issued from applications filed on or after June 8, 1995, is defined by the “twenty-year term,” which is subject to adjustment due to various factors: type of application (utility, design, plant); filing date of the application; issue (grant) date of the patent; benefit
GDB Firm Blog
JUNE 18, 2018
?In 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.
GDB Firm Blog
JUNE 6, 2018
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.
GDB Firm Blog
MAY 23, 2018
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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