Copyright Case Brief – Frazier v. Capitol CMG Publ'g, No. 3:14-CV-02310 (M.D. Tenn. Dec. 7, 2015) Summary The Court did have subject matter jurisdiction because, despite the claims being centered around breach of contract, Plaintiff did sufficiently plead a copyright infringement claim agains...
Copyright Case Brief: Clifton v. Houghton Mifflin Harcourt Publ'g Co., 152 F. Supp. 3d 1221 (N.D. Cal. 2015) – Avoiding conclusory allegations in your complaint and the FRCP 12b motion to dismiss. What is a rule 12(b) motion to dismiss in federal court? A motion to dismiss is one way to try t...
Autodesk Software Audit Updates – Finding the serial number and why that's important. Introduction When your company gets a letter from Donahue Fitzgerald law firm or the Business Software Alliance (a trade association for the major software companies, one of them being Autodesk) you have to ...
Federal Court Torrent Law – From Strike 3 Holdings, LLC case Introduction This blog discusses the MOTION FOR EXPEDITED DISCOVERY that often occurs in Torrent illegal downloading cases. This is general legal information only and not legal advice. A motion to expedite discovery is basically a...
Music Infringement Lawyer – Case Briefs dealing with copyright infringement Case: Wallert v. Atlan (S.D.N.Y. October 26, 2015), Court: Southern District New York SUMMARY: This case involves claims of copyright infringement of a musical work and breach of a contract providing for licensin...
How to choose the best Bittorrent Law Firm – Yes, experience matters! Introduction There are a lot of newcomers to the Torrent Defense field (illegal file sharing of movies and software on the internet) and this blog is to give you a few things to think about when selecting a copyright lawyer...
DMCA takedown notices – 2017 Updates. Twitter Sued for slow take down process (90 days) Introduction This is a case involving the Digital Millennium Copy Act (“DMCA”). The Case was filed by FARRIMOND LAW OFFICES (San Francisco) in the Northern District of California (federal court) in 201...
Copyright Royalty Board Lawyer – Retransmission Royalties & SoundExchange Information Introduction The Copyright Royalty Board sets royalty rates that a company must pay when using copyrighted music under a compulsory license. For example, say you are running an internet radio show and use m...
Need a lawyer in Flagstaff Arizona Federal District Court? Introduction Our law firm can help with legal services involving litigation in the Federal District Court of Arizona in Flagstaff. I have enjoyed this great city for so many years and we have extensive federal court experience across...
Copyright Case Law: Keeling v. Hars, 809 F.3d 43, (2nd Cir. 2015). Second Circuit Court of Appeals BACKGROUND: This case is about a copyright infringement action involving a stage parody version of a famous movie. If you are making a parody, it makes sense to have a intellectual property la...
Hoberman Designs, Inc. v. Gloworks Imports, Inc., 2015 WL 10015261, (C.D. Cal. 2015). United States District Court Central District of California. SUMMARY: This case questions the copyrightability of geometric plastic toys that expand and contract through a series of joints and trusses. T...
Strike 3 Holdings, LLC Lawsuits – 2017 Overview of adult pornographic video file sharing (torrents) Introduction As the Eagles song goes “there's a new kid in town, I don't want to hear it.” Yes, there is a new copyright infringement (dear I say the “T” word) on the block and that is Strike ...
California Right of Publicity Law Firm – Damages Overview Introduction Many attorneys mistakenly believe that you have to have HARD DAMAGES to prove a right of publicity case (or invasion of privacy) in California. However, the case law recognizes many different types of injury, financial an...
Computer and Video Game Piracy – What is the Entertainment Software Association (“ESA”) Introduction The ESA engages in copyright infringement (intellectual property) protection and lobbying for the computer and video game industry. They are located in Washington D.C. near capitol hill. A...
Using the FBI Anti-Piracy Warning seal to protect your intellectual property? How to do it and why you should consider doing it. By Attorney Steve, software & copyright lawyer. Introduction Is your company getting tired of copyright infringement of your photos, videos, music, audio, film fi...
Software Audit Information – Compliance Enforcement Companies Introduction One company that might have sent you a demand (letter or email) to comply with a software licensing audit is Global Licensing Compliance. Although their emails look a little “spammy” or like it is non-legitimate, acco...
New Old Music Group, Inc. v. Gottwald, 122 F. Supp.3d 78 (2015) case brief. United States District Court, S.D. New York – [Summary Judgement in Music Infringement Case] SUMMARY: This this case demonstrates the standard for summary judgment on a copyright infringement claim where owner has a ...
Copyright Infringement Lawyer – Claims against the Government – Court of Federal Claims [28 U.S.C. 1498] Introduction This blog discusses “The People's Court” (the Court of Federal Claims) and what your legal options may be when the federal government or their agents infringe on your copyri...
Litigation Warrior – The Federal Court System Overview – United States Supreme Court Writs of Cert. Introduction The Supreme Court of the United States is a fascinating place to be. Standing at the steps of the Courthouse and looking up at the large pillars will truly overwhelm your senses...
Music Infringement Caselaw – Notorious B.I.G. case Introduction This case deals with a federal lawsuit filed in New York Federal Court dealing with alleged music infringement and a motion to dismiss the case, which ultimately proved successful. Summary Plaintiff did not plead sufficient f...
Illegal Account Access – [Sharing unauthorized passwords can lead to legal liability to a company and its officers and directors] – DMCA illegal access and Computer Fraud and Abuse Act discussed. Introduction When you produce web based software that offers users access to your product, data o...
Newport Beach, Balboa Island Law Firm Introduction Balboa Island is one of my favorites places in the world. Located in Newport Beach, California, this is home to our Fashion Island Newport law office. Personally, I have lived on the island for many years and love all that it has to offer. ...
PIPELINE REPORT – Sample cases we are currently handling, considered taking, consulted on, or recently closed. VIDEO LAW | COPYRIGHT | SOFTWARE AUDITS | TORRENT DEFENSE & BITTORRENT LITIGATION| ENTERTAINMENT & SOCIAL MEDIA LAW | PHOTO INFRINGEMENT | TRADEMARK ISSUES Sample cases We are a bo...
DMCA take down notices explained by Attorney Steve® Introduction If you have been hanging around the internet long enough you may have heard the term “DMCA takedown.” But what does this copyright term mean? I will try to make it real easy with an example. Example infringement Youtube is o...
Wall Data, Inc. v. L.A. Cnty. Sheriff's Dep't, 447 F.3d 769 (9th Cir. 2006) – Fair Use Doctrine application in software licensing infringement cases. Over Deployment issue. Introduction The blog discusses a key issue that can pop up in software audit cases such as Autodesk licensing audits...
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!
