Copyright Archive

There’s a fascinating discussion over at the AdamsDrafting blog about us lawyers drafting software license agreements, and dissecting the contract language which has evolved and which we routinely use in licensing software.

Here are some of the questions being discussed:

Is a license the entire contract, or is a license a subset of the entire contract, where [...]

After hundreds of comments were received asking him to restore the blog archives, William Patry restored the public archives of the Patry Copyright Blog.  Patry’s blog contains over 800 articles on copyright case law, copyright legislative developments, and strategic approaches to contemporary copyright-related legal situations.  I highly recommend Patry’s blog — it’s required reading if [...]

William Patry, one of the most well-known and nationally respected copyright practitioners, has explained his reasons for terminating his long-standing Patry Copyright Blog in a final post:
http://williampatry.blogspot.com/
Patry cites the “depressing state of copyright law” and the direction of recent copyright law developments as among his personal and professional reasons for not continuing the blog.
His contributions [...]

A number of news sources and commentators are reporting this week on a University of Washington white paper criticizing the recent development of using automated processes (’bots’ or monitoring agents) against BitTorrent and other heavy bandwidth users to generate automated DMCA takedown demands.  Many takedown demands are based solely on observed patterns of Internet [...]

My article “Enforcing Rights Against Online Infringers: Brandishing the Double-Edged Sword of the DMCA” is being published in the upcoming State Bar of Michigan Litigation Section Newsletter (Winter 2008).
The article discusses the legal ramifications for rights owners in using “takedown” procedures and cease-and-desist letters under Section 512 of the Digital Millenium Copyright Act.
A preview copy [...]

In the last few weeks I’ve been updating and posting many of my articles on copyright, trademark, and domain name law from the old Arborlaw website.
The Joint Copyright FAQ is the most updated article of the group — as 21st century creators rip, mix, remix, mashup, and scramble bits and bytes of content into new [...]

Here’s an Infoworld item on Ed Foster’s Gripelog about those annoying email disclaimers. Should anyone use email disclaimers? Should everyone use email disclaimers? Are they legally effective? Are they worth it? I commented on the blog entry for Ed’s readers, but the legal issues are worth exploring on here.
Email disclaimers [...]

I recently answered a commonly-asked question about the legalities of forwarding email. Forwarding email is very easy to do; the user just clicks on a button and types in an address and the entire email is sent off into cyberspace to another reader. As any user of the Internet knows — this is, [...]

A Fair Use Fairy Tale

Professor Eric Faden of Bucknell University gives a highly entertaining and masterful demonstration of the copyright principles of fair use and parody in action — by explaining the basics of US copyright law in a clever mashup using protected Disney characters and other intellectual property (Disney is one of the entertainment industry’s biggest advocates of [...]

Oh the irony. This afternoon I just sent a DMCA takedown letter to “cease and desist” publishing my content to a Mr. Jerry Martin, who identifies himself as the person running the content aggregator portal at http://copyright.inventionanswers.com/?p=1986, where a complete verbatim copy of the RSS feed for the article below showed up online, less [...]