Seeking the Advice of the Register of Copyrights U...

**This is important information for the Intellectual Property Community in Seattle and around the world. This is the first opinion of its kind. United States District Court, S.D. Florida. OLEM SHOE CORP., Plaintiff, v. WASHINGTON SHOE CO., Defendant. No. 09-23494-CIV.Sept. 3, 2010.Attorneys and Law Firms Bernardo Burstein, Burstein & Associates PA, Jesus Sanchelima, Sanchelima & Associates, Miami, FL, for...

Excerpt from Copyright Office Opinion – Issu...

**This is important information for the Intellectual Property Community in Seattle and around the world. This is the first opinion of its kind. The Register notes the court’s concern regarding the structure of 17 U.S.C. § 41l(b)(2) and the potential that the provision might be abused by litigants. See, Footnote 4 of the Order on Motion for Issuance of Request to Register of Copyrights. Since the Office played an...

AVOIDING COPYRIGHT INFRINGEMENT IN THE REALM OF SO...

Article provided by Timothy B. McCormack, Seattle Copyright Attorney working in area of copyright litigation, procurement and development. This article is a continuation in the series of Software Copyright articles. The following computer programming elements are not likely to be copyrighted and thus can be copied without obtaining authorization. Computer Languages No court in the United States has ruled on whether high-level...

Overview of Copyright Law From Seattle Attorney

Generally speaking, copyrights protect original works of authorship fixed in a tangible medium of expression. A computer program is usually protected as a literary work or as an audiovisual work. There are six exclusive rights conferred by copyright law. For the most part, a computer programmer should be wary of reproduction, derivative works, and distribution. The Idea/Expression Dichotomy is an important concept in...

COPYRIGHT DEFENSES: Fair Use (Copying Just a Littl...

Article provided by Timothy B. McCormack, Seattle Copyright Attorney working in area of copyright litigation, procurement and development. This article is a continuation in the series of Software Copyright articles. The most widely used defense is the “fair use” defense. The fair use defense involves the following factors: (1) the purpose and character of the use (e.g., commercial versus nonprofit or educational...

COPYRIGHT DEFENSES: Abandonment or Forfeiture

Article provided by Timothy B. McCormack, Seattle Copyright Attorney working in area of copyright litigation, procurement and development. This article is a continuation in the series of Software Copyright articles. A copyright can be abandoned, forfeited, or both, and a copyright owner can sometimes be prevented from asserting their rights. Abandoning a copyright requires some manifestation of an intent to abandon. Mere...