Attorney Steve® Copyright Essentials - Statute of Limitations Introduction Here is a case from the UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA that discusses the statute of limitations in copyright infringement cases, and what happens if there are ongoing infringements (with...
Attorney Steve® - BitTorrent Defense Updates - July 2021 Introduction The pandemic has not slowed down Strike 3 Holdings from filing a large number of copyright infringement lawsuits alleging illegal file-sharing (copyright infringement). Here are the recent cases filed in July, 2021. Case...
Defendants also contend the Complaint fails to allege sufficient facts regarding access to state a copyright infringement claim. “To prove access, a plaintiff must show a reasonable possibility, not merely a bare possibility, that an alleged infringer had the chance to view the protected work.” A...
Attorney Steve® Copyright Essentials - Small Claims Court - New Claims Officers Named Introduction Shira Perlmutter, Register of Copyrights, announced the recent appointments by the Librarian of Congress of the three initial "copyright claims officers" - (1) David Carson, (2) Monica P. Mc...
Attorney Steve® Copyright Essentials - Strict Liability Offense Copyright infringement is known as a "strict liability" offense. Strict liability means there is liability even without fault. Here is a case ruling that illustrates this point.
Attorney Steve® Copyright Law Essentials - What does it take to prove copyright infringement? To state a claim for copyright infringement, Plaintiffs must allege “(1) ownership of a valid copyright, and (2) copying constituent elements of the work that are original.” Feist Publ'ns, Inc. v. Rur...
Attorney Steve Music Law - Overview of the RIAA The Recording Industry Association of America® (the “RIAA”) protects intellectual property and First Amendment rights of artists and record labels. It is also the organization that certifies records as Gold, Platinum, Multi-Platinum, or Diamond. RI...
Vondran Litigation Essentials - Evidence - Judicial Notice “A court shall take judicial notice if requested by a party and supplied with the necessary information.” Fed. R. Evid. 201(d). An adjudicative fact may be judicially noticed if it is “not subject to reasonable dispute in that it is ei...
Can I Use a Person's Name in My Song? – Right of Publicity Law The California Statutory Right of Publicity The Right of Publicity protects an individual's right in their name or likeness. The California State Statute, Cal. Civ. Code § 3344, extends protection to a person's name, voice, photogra...
Attorney Steve® - Celebrity Endorsement Services On occasion, artists and musicians will be hired by companies as celebrity endorsers of the products or services the company sells. There are strict federal regulations that govern these endorsements, and failure to follow these regulations can po...
Summary Judgment Explained Summary judgment is appropriate when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). The moving party has the initial burden of identifying the portions of the pleadings and recor...
Attorney Steve® Torrent Defense Law - You CLICK, we DEFEND® - Miami-Dade County Courts Introduction Disclaimer: We are not licensed to practice law in Florida. If you are looking for a local lawyer to file a motion to Quash in Florida, let us know, and we can refer you to a Florida...
Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.158.203.253, (Northern District of California): filed 2021-06-22 Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.162.94.90, (Northern District of California): filed 2021-06-22 Strike 3 Holdings, LLC...
Attorney Steve® - Copyright Law Essentials - Music Law - Sampling Case Law When attempting to create a song using a sample from another's work, it can be difficult to obtain permission from the original artist. Some artists, like Tracy Chapman, famously never give anyone permission to sample the...
See Plan Pros vs, Dultmeir Hones (a case involving architectural drawings and elevations) in cases like this where the “copyright protection is thin”: For this category of claims, only extremely close copying is actionable as unlawful infringement. Put more precisely, this type of claim may mo...
Attorney Steve® Copyright Law Essentials - Fee Shifting in Infringement Matters - Factors to Review Introduction In Plan Pros and Prime Designs, Inc. vs. Dultmeir Homes (architectural infringement case), the Court discussed the factors a Court will consider in a copyright infringement actio...
Attorney Steve® illegal Streaming Law - illegal "viewing" is actionable? Introduction Our firm has handled many cases involving allegations of illegal interception and broadcasting of PPV boxing and fight matches. This includes defending against companies such as Joe Hand Promotions, G&G...
Attorney Steve® NFT Copyright Law - Overview of Non-Fungible Tokens (NFT's) What are NFTs? Non-Fungible Tokens, or NFTs, are digital files verified on a blockchain. NFTs can represent almost any property, real or intangible. They are essentially virtual certificates of authenticity....
Types of Software Piracy Software piracy is the illegal distribution and/or reproduction of software. Purchasing software is actually purchasing a license to use the software. That license spells out how you may legally use such software. Any time someone uses the software beyond the scope of th...
Copyright Law - Federal Judges Overview - Central District of California Introduction Judges Here are some of the judges known to handle copyright infringement cases in the Central District of California Terry J. Hatter Jr. C.D.Cal. Christina A. Snyder C.D.Cal. Dean D. Pregers...
Attorney Steve® Copyright Essentials - Copyright Renewal Introduction In some circumstances copyrights can be renewed. According to the United States Copyright Office Circular 15: Who May Claim Renewal Renewal copyright may be claimed only by those persons specified in the law? A. The fo...
Preregistration: A procedure that allows certain copyright owners to file an action for infringement and to seek statutory damages and attorney's fees in cases where the work was infringed before the copyright owner completed the work and released it to the public. Preregistration is entirely opt...
Attorney Steve® Telecommunications ACT - BOXING PIRACY - Internet Defense Introduction Here is a case from 2014 that turned many heads in the "Boxing piracy" world. Case 3:13-cv-00935-MMA-BLM from the Southern District of California. JOE HAND PROMOTIONS, INC., Plaintiff, CASE NO. 3:13-cv-9...
Attorney Steve® BitTorrent Law Updates - 9th Circuit Court of Appeals upholds BIG WIN for JOHN DOE Defendant Video: Click here to watch Attorney Steve® explain the Court's ruling. Make sure to SUBSCRIBE to our popular legal channel to join nearly 30,000 others who love our legal ...
May 2021 Strike 3 Lawsuit Filings in Northern District of California Introduction Here are some of the recent federal copyright infringement lawsuit filings (illegal file sharing) in the Northern District of California. If you received a subpoena notice from your ISP with a cutoff date to r...
For more information, or to discuss your case or our experience and qualifications please contact us at (877) 276-5084. Please note that our firm does not represent you unless and until a written retainer agreement is signed, and any applicable legal fees are paid. All initial conversations are general in nature. Free consultations are limited to time and availability of counsel and will depend on the type of case you are calling about (no free consultations for other lawyers). All users and potential clients are bound by our Terms of Use Policies. We look forward to working with you!
