Ad Law Access
Regulatory Changes Affecting All “Service Providers” – 12/31/17 Deadline
The U.S. Copyright Office has imposed new requirements on service providers in order to maintain safe harbor protection under the Digital Millennium Copyright Act (“DMCA”). Service providers who don’t meet these…
V-I-C-T-O-R-Y for the Fashion Industry: SCOTUS Establishes Uniform Test for Protection of Artistic Works Applied to Apparel
The overall design (such as the shape and cut) of a garment, bag or shoe is not protectable under current U.S. Copyright law because such items are considered “useful articles.” However, Section 101 of the Copyright…
New Lawsuit Highlights Risks of Using User-Generated Content
In 2014, Anheuser-Busch ran a contest on Facebook in which consumers were invited to submit photos of themselves “acting natural.” The contest rules stated that entrants could only submit their original works, and that…
How Not to Get Burned by “First” Claims
When a company comes up with a new product or feature, it will usually want to advertise the benefits of that product or feature. If the company believes that it is also the first or only company to have that product…
Don’t Lose Your DMCA Safe Harbor Protection
If your website allows users to post content, you’re probably already familiar with the Digital Millennium Copyright Act. Among other things, the DMCA provides online service providers a “safe harbor” from potential…