Instagram and Fair Use

In my last blog I talked a little about copyrights and the First Sale Doctrine. In this blog, I’d like to go back to Copyrights to discuss Copyright law and the Fair Use Doctrine. Here is the situation: Instagram, with over 1 billion monthly uses, has become a common place for individuals and companies to […]
Copyright and the First Sale Doctrine

With the explosion of the Internet and the different media outlets, such as Twitter, Instagram, Facebook, Youtube, Tik-Tok, just to name a few, the issues surrounding copyright ownership and rights have come to the forefront. But these also only reflect long time issues regarding copyright ownership. One such issue is what the doctrine of First […]
How Can I Lock In My Business Name So That No One Else Can Use It?

A “Mompreneur”, a mom who is also an entrepreneur, recently asked how she can lock in her business name so that no one else can use it. She is in the early stages of starting her business and isn’t ready to have a sign on the door or even a website. She had many, many […]
Are SEO Citations a Violation of Intellectual Property?

An SEO citation is a reference to any business within a website or blog. It typically includes the business’s name, address, and phone number. Although citations help users find local businesses and can positively impact search engine ranking, SEO citations on a national scale are virtually useless. Google, however, uses citations to confirm the legitimacy […]
The Importance of Protecting your Intellectual Property

Intellectual property refers to creations of the intellect for which a monopoly is assigned to designated owners by law. Intellectual property rights are the rights granted to the creators of Intellectual property and include: trademarks, copyright, patents, industrial design rights, and in some jurisdictions trade secrets. Artistic works including music and literature, as well as […]
What is a Copyright?

Definition of a Copyright Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship”, including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives […]
What is a Trademark?

Definition of a Trademark The term “trademark” includes any word, name, symbol, or device, or any combination of the above that is used by a person, or which a person has a true intention of using in commerce and applies to register on the principal registry established by this chapter (15 USC, Section 1127) Legal […]
What is Intellectual Property (IP)?

Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols: names, images, and designs used in commerce. IP is divided into two categories: Industrial property, which includes… inventions (patents), trademarks, industrial designs, and geographic indications of source; Copyright, which includes… literary and artistic works, such as novels, poems, plays, […]
Intellectual Property Rights – What’s Mine Is Mine

It’s been stated that “good artists borrow and great artists steal”. Whether or not that’s true is irrelevant but what is relevant is that if you’ve invented or created something, it’s yours. Even if others disagree, you’re protected under the legal statutes of intellectual property rights. However, creative ideas, no matter how original, are intangible […]