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Archive | October, 2011

Unprotected Speech in Blogland

Co-author Gerald M. Levine Not all speech in blogland is protected although as a general rule there is no exposure to liability and nothing illegal in a blogger communicating opinion or making truthful statements  of matters of public interest in her own name or anonymously. Speech is protected under First Amendment issue. Courts carefully safeguard […]

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Application of Equitable Bar for Not Acting Timely on Infringement

There is a strong consensus that a complainant’s demand for transfer of a domain name that is identical or confusingly similar to its trademark for which the respondent lacks rights or legitimate interests is not barred by the equitable doctrine of laches. This is consistent with the recommendation in the WIPO Final Report that “a […]

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Collective Work (Compilation) (Q & A)

What do I need to know about copyright on a collective work?  One of my stories is being reprinted in an anthology? Unless you have signed an assignment, you do not lose your copyright. I assume that this grant is non-exclusive and you are not prevented from having the story reproduced by yourself or others. […]

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Challenging Transfer Order Under the Anticybersquatting Consumer Protection Act

There is no administrative appeal to a UDRP order, but the aggrieved party has the right to challenge an order denying or transferring the disputed domain name in a court of law. For the respondent challenger, the UDRP provides a limited stay of 10 days to commence a legal action “against the complainant in a […]

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Self publishing With E-Book Publishers (Q & A)

I am planning on self publishing through an e-book service.  Will my rights be transferred to the publisher by means of the terms and conditions of the agreement? Rights granted are only those that you agree to give.  The balance are retained.  Think of a contract as a proposal.  It is not a one-way street.  […]

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Hidden Perils of Publishing Contracts

Co-author Gerald M. Levine There are a number of hidden perils of publishing contracts that are essentially terms to control the licensed property. Authors should not fixate on the myth of “standard” terms, but there are terms that publishers are adamant about that may have to be adjusted to accommodate particular circumstances. One such term […]

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Proof of First Use in Commerce Earlier than Domain Name

Ordinarily, a domain name registered prior to the complainant’s acquisition of a trademark could not have been registered in bad faith “because the registrant could not have contemplated the complainant’s then non-existent right,” WIPO Overview paragraph 3.1. The trademark and disputed domain name in Spacebound, Inc. v. Amaben Internet Services Inc., D2011-1403 (WIPO October 3, […]

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Symbol © on a Manuscript (Q & A)

I am planning on submitting a book manuscript to publishers.  Is it permissible to place a copyright notice on the manuscript? You are permitted to place the symbol © on your manuscript with your name and date of creation.  A copyright exists from the moment a copyrightable work is created. Registration is not a prerequisite […]

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Threatening Complainant as Grounds for Abusive Registration

“Given the human capacity for mischief in all its forms” (said one Panel) “the Policy sensibly takes an open-ended approach to bad faith, listing some examples without attempting to exhaustively enumerate all its varieties,” Worldcom Exchange, Inc v. Wei.com, Inc., D2004-0955 (WIPO January 5, 2005) (<wei.com>). There are three acts that are presumptively abusive, namely […]

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Recourse for Copyright Infringement (Q & A)

I haven’t registered my essay.  What rights do I have against someone who has copied from it? An infringer can be sued in U.S. federal court, but only after a registration has been filed for the work.  One of the privileges of registration is standing to maintain an action.  If registration precedes infringement and you […]

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