Archive for category Lawyers

Learn The Rules Like a Pro, So You Can Break Them Like an Artist – Part 1

The title above is a wonderful quote by Pablo Picasso and sets the table for our next two articles. One of the great tragedies in the history of sports, is the fact that Jim Thorpe’s Olympic records are still not officially recognized more than a hundred years after he won them. Jim Thorpe, an American […]

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Statute of Limitations, Limitations

A lot of people have been asking about the 3-year statute of limitation for filing an infringement lawsuit. It’s taken us a while, because legally, from experience in these matters, it’s not a simple answer. As most legal questions, this question contains many shades of grey, well beyond the popular 50 shades. We know, unfortunately, […]

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Supreme Court Ruling on Two Copyright Issues

The Supreme Court of the United States (SCOTUS)  just issued two decisions, both by 9 -0 votes directly affecting the rights and legal remedies available to copyright owners who choose to protect their work either defensively or by bringing an action for money damages for infringement. As we have written, lectured, screamed and cajoled for decades, […]

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Big Mistakes Into Small Opportunities

The two of us love great quotes, like almost every quoted line in Young Frankenstein (what’s not to love). Here’s one by the great writer Henry James (1843 – 1916) that is not as famous as Igor’s “What hump?”, but probably more meaningful for this column – “She had an unequalled gift, usually pen in […]

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What They Know and How They Know It

With the dramatic increase in substantial copyright litigation recoveries, the costs of intellectual property litigation and upon the often insistence of insurance companies that have to pay for infringements, more and more law firms are engaged in the practice of “Risk Management”. In lay terms this means that litigators are brought in to “teach” ad […]

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Copyright Troll – Part 2

Just in time for Halloween comes a droll “troll” decision by Judge Denise Cote out of the United States District Court for The Southern District of New York. The Southern District is the federal court that covers Manhattan, The Bronx, Westchester and Rockland Counties. Several months ago we wrote about a decision made by Judge […]

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Expert Witnesses – Part Two

In selecting an expert witness experienced trial attorneys employ a veritable or actual list of factors to consider.  While the fees that an expert charges may be the foremost thought in the client’s head, it is almost never at the forefront of the litigator’s checklist. The quality more valuable than any other is that of credibility. Such […]

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Our Expert Opinion on Expert Witnesses

There are many online “experts” these days, whose only qualification is a keyboard and an Internet connection. But go to trial, into court and “Expert Witnesses” are serious assets who can be critical to winning or losing a case. One of the most commonly misunderstood legal terms is that of “Expert Witness”.  Most non-lawyers – […]

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Images On The Internet Now “Fair Use”? – It Ain’t Necessarily So

Journalists who have covered wars are well aware of the cliche’ “First reports are always wrong”.  Porgy and Bess put it this way, “It ain’t necessarily so.” Those two old sayings recently came to mind when we read the court decision that was recently headlined and clickbaited in various ways as “Photos on the Internet are […]

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Latest B&H Presentation Is On YouTube

Well, we were at it again, and here’s the video proof. If you missed our last B&H session and you if you want to know the new changes in registering your copyright at the Copyright Office, check us out at: https://www.youtube.com/watch?v=6QC_cuq0b6w We cover a lot as usual, such as the new eCO registration screens for […]

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