Copyright misuse
In drafting license agreements, licensors sometimes seek to prevent their licensees from engaging in certain competitive behavior such as creating works which compete with the copyrighted work, or...
View ArticleCan copyright protection attach to book titles, short phrases or slogans?
Q: Can copyright protection attach to book titles, short phrases or slogans? A: Probably not, but this may change depending on how much protectable content there is. The general rule is that “a...
View ArticleI.R.C § 83(b) elections
Q. I am receiving restricted stock in a company and was given the option of making an I.R.C § 83(b) election. What does this mean, and should I make the election? When given restricted stock, an...
View ArticleStatus of Noncompetition Agreements in California
In many states, and still so today, contractual restraints on the practice of a profession, business or trade were generally considered valid so long as they were reasonably imposed. This was true in...
View ArticleNinth Circuit clarifies test for trademark infringement involving the...
(This is a follow-up article to “What is the state of the law concerning keyword advertising?” accessible at...
View ArticleU.S. Supreme Court affirms Ninth Circuit holding limiting the First Sale...
Under the First Sale doctrine, codified in 17 U.S.C. § 109(a), once a copyright owner consents to the sale of a copy of his work, he may not thereafter exercise the distribution rights with respect to...
View ArticleIRS Audit Red Flags: The Dirty Dozen
Great article to read as you start on your tax returns.IRS Audit Red Flags: The Dirty Dozen Here are 12 hot spots on your return that can raise the chances of scrutiny by the...
View ArticleNinth Circuit clarifies certain aspects of the DMCA safe harbor provisions in...
The Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, among other things, limits the liability of online service providers (OSPs) for copyright infringement under certain conditions. OSPs...
View ArticleUS Supreme Court holds that first sale doctrine applies to copies of a...
In Kirtsaeng v. John Wiley & Sons, Inc., the U.S. Supreme Court has held that the “first sale” doctrine, which allows the owner of a copy of a copyrighted work to sell or otherwise dispose of that...
View ArticleCalifornia law governing exculpatory clauses and contractual limitations of...
In commercial contracts, California permits the use of exculpatory clauses and limitations of liability with some exceptions. A limitation of liability clause permits contracting parties to reduce or...
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