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Traditional and self publishing authors uncertain about their rights and small businesses considering entering the cyber marketplace are at risk if they do not understand the contracts put before them or the laws applicable to their work.
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Sheila J. Levine can be reached at (212) 866-5353. Gerald M. Levine can be reached at (212) 596-0851. Mr. Levine is also an arbitrator and mediator. His arbitration essays are available here and also republished in Resolution Roundtable the official blog site for the Arbitration Section of the New York State Bar Association.
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Gerald M. Levine, Co-author Rights in Literary Property The United States Copyright Office and many people on social media, particularly on Twitter, have been celebrating the enactment of the first national copyright act in this country that President Washington signed into law on May 31, 1790. The 1790 Act was largely adopted from an earlier […]
The following article first appeared in Independent Publisher. The full text can also be read in full below. Co-Author Gerald M. Levine Copyright adheres to creative works when they are fixed in tangible mediums of expression for the first time. At the moment of fixation authors own and control their works in every respect, but […]
Co-author Gerald M. Levine Characters as protectable assets do not survive copyright termination of the works in which they appear even though they may continue to live on in works that continue in copyright. All works published prior to January 1, 1923 are in the public domain, a vast repository of cultural wealth available for […]
Hugedomains.com, LLC. v. Wills, 14-cv-00946 (D.Colorado July 21, 2015). Plaintiff, earlier Respondent Austen Pain Associates v. Jeffrey Reberry, FA1312001536356 (Forum March 18, 2014), commenced an ACPA action for declaratory judgment that it registration or use of <austinpain.com> was not unlawful under the Act; defendant capitulated to a consent judgment and agreed to pay plaintiff $25,000. […]
Complainant prevails only if it proves conjunctive bad faith. Bad faith use can be inferred if the proof supports bad faith registration but there is no inference of abusive registration the other way around, although as I have pointed out in earlier Blogs there are panelists who go their own way on this issue. There […]
It is an interesting proposition that certain conduct unrebutted be regarded as a per se violation of the UDRP; the very fact of the respondent having committed a certain act—hijacking a domain name is one, or threatening to point a domain name to adult content is another candidate (Gryphon Internet, LLC v. thank you corp. […]
The contents of these essays posted on this website are intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.