Copyright Infringement and the Fair Use Defense

On behalf of The Myers Law Group posted in Copyright on Thursday, July 23, 2015. One of the main defenses against a copyright infringement claim is fair use. This means, essentially, that while a copyright was infringed, the user is allowed to do so. This may seem contrary to the exclusive rights given to an author of original creative works, however, fair use is not meant to entirely remove those rights, but to simply permit certain limited and "transformative" uses of copyrighted material, including commentary, criticism, news reporting, teaching, scholarship, and research. To determine whether the fair use doctrine applies, courts will look to [...]

2019-09-10T21:39:27+00:00July 23rd, 2015|

Protecting Against and Responding To Copyright Infringement

On behalf of The Myers Law Group posted in Copyright on Wednesday, July 22, 2015. Copyright is a form of intellectual property applicable to any creative work that is both fixed in some tangible medium and at least minimally creative, or original. Works that may receive copyright protection include: literary works, movies, musical works, sound recordings, paintings, photographs, software, live performances, architectural works, choreographic works, and television or sound broadcasts. Creators of such works are granted exclusive rights in their works at the time of creation. For example, whenever you write a blog post or make a drawing or other artwork, you automatically own [...]

2019-09-10T21:36:46+00:00July 22nd, 2015|

Idea Theft and Intellectual Property Infringement

On behalf of The Myers Law Group posted in Intellectual Property on Tuesday, July 21, 2015. Idea theft is a real threat that one often sees in the tech industry. A theft scenario may involve an entrepreneur pitching an idea to a prospective partner, intending to work together to create the next big social network or cellphone app. However, instead of working with you, the person you pitched may 'steal' your idea (without paying you for it) and bring it to another team to develop as their own concept. Of course, if confronted, that person will claim the idea is different or argue the [...]

2018-09-18T10:34:26+00:00July 21st, 2015|

Trademark Considerations: Choosing a Business Name

On behalf of The Myers Law Group posted in Trademarks on Thursday, July 16, 2015. You've come up with a brilliant idea. Your family and friends are behind you and you're ready to make it big. But here comes your first potential hurdle: What do you name your new business? Companies creating trademarks (including a business name) often fail to thoroughly research other companies for the same trademark (name, logo, symbol, sound, color used as a distinguishing feature). If you are starting your own business, whether it is a food truck, clothing line, or tech start up, it is important to first make certain [...]

2020-04-16T06:45:06+00:00July 16th, 2015|