Myers Berstein
Toll Free Communication

July 2015 Archives

Copyright Infringement and the Fair Use Defense

One of the main defenses against a copyright infringement claim is fair use. This means, essentially, that while a copyright was infringed, the user is allowed to do so. This may seem contrary to the exclusive rights given to an author of original creative works, however, fair use is not meant to entirely remove those rights, but to simply permit certain limited and "transformative" uses of copyrighted material, including commentary, criticism, news reporting, teaching, scholarship, and research.

Copyright Infringement and the Fair Use Defense

ne of the main defenses against a copyright infringement claim is fair use. This means, essentially, that while a copyright was infringed, the user is allowed to do so. This may seem contrary to the exclusive rights given to an author of original creative works, however, fair use is not meant to entirely remove those rights, but to simply permit certain limited and "transformative" uses of copyrighted material, including commentary, criticism, news reporting, teaching, scholarship, and research.

Protecting Against and Responding To Copyright Infringement

Copyright is a form of intellectual property applicable to any creative work that is both fixed in some tangible medium and at least minimally creative, or original. Works that may receive copyright protection include: literary works, movies, musical works, sound recordings, paintings, photographs, software, live performances, architectural works, choreographic works, and television or sound broadcasts. Creators of such works are granted exclusive rights in their works at the time of creation. For example, whenever you write a blog post or make a drawing or other artwork, you automatically own the copyright in it. But who protects your copyright?

Idea Theft and Intellectual Property Infringement

Idea theft is a real threat that one often sees in the tech industry. A theft scenario may involve an entrepreneur pitching an idea to a prospective partner, intending to work together to create the next big social network or cellphone app. However, instead of working with you, the person you pitched may 'steal' your idea (without paying you for it) and bring it to another team to develop as their own concept. Of course, if confronted, that person will claim the idea is different or argue the idea came from some other source.