YOUR COPYRIGHT CAN BE ASSIGNED WITHOUT YOUR KNOWLEDGE??

It’s black letter U.S. copyright law that an assignment of copyright must be in writing.  Section 204(a) of the Copyright Act provides that “a transfer of copyright ownership, other than by operation of law, is not valid unless [...]

GUIDE TO NEGOTIATING AN IP INFRINGEMENT INDEMNITY CLAUSE

If you are a vendor of software, online (SaaS) services, content of any kind, or anything else that can be the subject of an intellectual property infringement claim, then sooner or later (probably sooner), your customers will [...]

"Work Made for Hire" language poses a little known trap for the unwary in California Independent Contractor Agreements

Independent Contractor Agreements will almost always contain an IP ownership section that provides that the services are a "work made for hire" under the U.S. Copyright Act. This magic language vests copyright ownership in the [...]

WHEN SHOULD YOU REGISTER A COPYRIGHT?

I am often asked about copyright registrations and when is it worthwhile to register a copyright.

SOCIAL MEDIA END RUN - LinkedIn post denudes non-solicitation restriction

Non-competition provisions are common for employees and enforceable in most states. The provisions can take various forms. However, the two most common are: (1) straight non-competition, which prevents the employee from [...]

LOSING IMMUNITY FOR ONLINE POSTINGS - How not to manage user-generated content

It is well known that sites that post reviews, even reviews that constitute clear defamation, are generally immune from liability. They have the Communications Decency Act (CDA) to thank for that. So, a notorious site like [...]

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