Author Archives: Cynthia Sanders

Get thee to the Copyright Office: take steps now to preserve your DMCA safe harbor protection

The U.S. Copyright Office announced yesterday its new online registration system for designated agents. Online service providers designate agents to receive notifications of claimed copyright infringement. As of December 1, 2016, the Copyright Office no longer accepts paper applications for agent designation. Service providers who previously designated agents in the existing directory have until December 31, 2017 to register […]

Second Circuit: copyright infringement of Pre-1972 sound recordings covered by DMCA Safe Harbor

Superheros donning black robes save website operators from liability for users’ copyright infringement of sound recordings fixed prior to 1972. The Second Circuit Court of Appeals ruled today that the safe harbors provided by the Digital Millennium Copyright Act (DMCA) protect qualifying website operators from liability from such pre-1972 recordings, even though they are not covered by federal copyright law. […]

Social Media Makes Healthcare More Personal

The Mayo Clinic Center for Social Media has a mission to personalize healthcare by using social media. Crazy – you say? By following best practices, healthcare providers can share their stories. True – covered entities and their business associates may not share protected health information. But we can share stories about our institutions and share […]

Coincidence or copyright infringement? You be the Judge.

Sam Smith says that it’s a coincidence that his song “Stay with me” is similar to Tom Petty’s “Stand my ground” but won’t hang his hat on independent creation, where one author creates an identical or similar work without access to the previous work. Perhaps Mr. Smith is concerned that he may have subconsciously infringed […]

Killing the Buzz: The “Highs” and Lows of Marijuana-Related Trademarks

This post is the first in a series by Kumar Jayasuriya, attorney and Ober’s multi-talented Legal Research Manager.   May a company register a trademark connected to the use of a controlled substance, such as marijuana? Recently, a federal court said “Yes.”  Started in 1974, the periodical magazine High Times reports on the medical and […]

5 Reasons Not to “Right-Click” a Google Image for Your Blog

Google and other image search engines are a free and easy way to get visual information. Search engines are not the best way to find an image for your blog. Your copy of an online search image may not cause trouble if used in an off-line collage or physical artwork. Use of that same image online, however, carries […]

FTC Seeks Your Comments on Proposed Verifiable Parental Consent under COPPA

On November 19, 2014, the Federal Trade Commission announced that it is seeking public comment on a second proposed verifiable parental consent method by AgeCheq, an online privacy protection service. The Children’s Online Privacy Protection Act (COPPA) requires children and family-friendly website operators and app developers to (1) post privacy policies and (2) notify and obtain verifiable consent from […]

Fan Fiction Gets Weird

Popular author L.J. Smith of the Vampire Diaries series was terminated by her publisher and replaced with a ghostwriter. Some fans are content to continue reading the now ghostwritten series. Other fans are buycotting. What did L.J. Smith do? She is writing new Vampire Diaries stories as “fan fiction”. Fan fiction is understood as meaning stories […]

Gov. Chris Christie’s Four Liter Jersey Traffic Jam

Irresistable mash-up by “the Bosses” for the Gov, delighting both my “Jersey Girl” and copyright lawyer personalities.

US Supreme Court to take on the patentability of software. Can the decision reduce the incidence of troll attacks?

Mathmatical algorithms are unpatentable. Software is a collection of algorithms expressed in machine code. Under current law, only software that involves a specific machine or physical result. The U.S. Supreme Court accepted cert in a case,  Alice Corporation Pty. Ltd. v. CLS Bank International (docket 13-298), involving financial software to mitigate risk in settlement transactions. The trial […]