In 1998 the United States enacted the Digital Millenium Copyright Act (DMCA). The DMCA updated various parts of the then current copyright laws. One such provision that was updated was the Online Copyright Infringement Liability Limitation Act (OCILLA). OCILLA provides a conditional safe harbor for Online Service Providers and similar “middlemen of the internet” (think […]
Back in 1984, Penthouse Magazine caused a tidal wave of events which led to Congress enacting 18 U.S.C. §2257 and 18 U.S.C. §2257A, also known as §2257 Regulations (also, a part of the Child Protection and Obscenity Enforcement Act of 1988). If you are a creating and/or distributing adult content, this is something very important […]
Going back to your years on the playground, who would have thought that the bully who was calling other people names or spreading rumors about someone may have been committing defamation. Defamation is a broad area of law that encompasses libel and slander (keep these two in mind as I’ll discuss the difference between the […]
A common misperception about trademark law is that once you have registered a trademark, that you own all of the rights to the name, logo, or brand (these are referred to as the “mark”). In reality, this is not necessarily the case. When registering a trademark, one of the essential steps is choosing which class […]
Although you may not be aware of it at the time, by visiting or using many websites and applications you may be agreeing to specific terms and conditions set by the website or application that you are using. These agreements may have different names such as Terms of Use, Terms and Conditions, Code of Conduct, […]
When books, movies, television shows or other productions are based on someone’s factual life story, it is important that the writer own or have permission to use those facts, especially if the writing will be used to make a profit. “Life-story rights” are the rights that an individual or an entity owns in regards to […]
“Making a living from doing what you love must be one of the most fulfilling things [that] a person can do.” –David Kimmerle. The health and fitness industries are some of the greatest examples of people going out and doing what they love. In addition to being able to do what you love for work, […]
Approximately 95 million U.S households subscribe to some form of cable television. Since cable’s introduction to the consumer public, cable providers have generally enjoyed an increase in the number of subscribers. However, for the first time in decades, this trend may come to a standstill. Subscription video on-demand streaming services such as Netflix, Hulu, and […]
The way that people consume media has been evolving throughout the 20th century. The advent of commercial radio in 1920 followed by the first television station in 1941 were seen as milestones in the evolution of entertainment. Fast forward to the second half of the century and the evolution of our media consumption has evolved […]
In 2009, a trademark application for the mark “Electric Daisy Carnival” was filed on behalf of Pasquale Rotella of what is now Insomniac Holdings LLC. The trademark application alleged use as early as 1997. On April 20, 2015 Gary Richards of HARD Events filed a lawsuit seeking to cancel Insomniac’s trademark. Before diving into who […]