The attorneys at Morningstar Law Group are leaders who are frequently asked to share their legal insights and expertise. Here is a sampling of the wisdom our attorneys are sharing at industry conferences, in published articles, and at continuing legal education events.
Why Would a Writer Need an Attorney?
July 24, 2020
The answer to this question and more was shared by attorney Mitch Tuchman at the recent virtual event hosted by the North Carolina Writers’ Network. Sharing his expansive knowledge and deep experience in publishing and copyright law, Mitch has spoken to this group on numerous occassions. Well-received, the organizers of the event shared “Our writers clearly […]
Copyright Office Provides Welcome Innovation for Bloggers and Creators of Other Short Texts
July 1, 2020
Good news from the Copyright Office for authors of blogs, newsletters, social media posts and other short works published online. Beginning August 17, 2020, authors will be able to apply to register claims of copyright in groups of up to 50 short works on a single application and for a single low fee: $65. A bargain by […]
COVID-19 and Privacy: Can We Remain Anonymous?
May 20, 2020
The unprecedented spread of the COVID-19 coronavirus has alarmed policymakers and healthcare professionals alike. The rate at which infections continue to spike and the fact that most cases appear to be asymptomatic makes efforts to control the outbreak much more difficult as compared to other diseases. Certain mitigation efforts taken by governments around the world, […]
Time to Panic? The Effects of COVID-19 on the Internet.
April 16, 2020
Given the social distancing guidelines and broad stay-at-home orders necessitated by the global COVID-19 Coronavirus pandemic, organizations and schools around the world have been forced to reevaluate the way they conduct their day-to-day operations. As a result, those organizations and schools have shifted to telecommuting and remote learning, which has placed a major strain on […]
Wing Wednesday, Yes, But No Taco Tuesday
March 12, 2020
Last year, shortly after news broke of Tom Brady’s unsuccessful attempt to register the trademark “Tom Terrific” (see my article about that here), there were reports of a few other intriguing, high-profile sports-related trademark matters that seemed deserving of some additional commentary. Possibly not coincidentally, given Brady’s historic distaste for the State of Ohio […]
Mercedes Case Reveals Integrated-Work Copyright Stopgap
December 15, 2019
As Appeared in Law360, October 26, 2019 Stripped, the Mercedes-Benz USA LLC G500 runs $124,000 (manufacturer’s suggested retail price) and comes in 24 colors. In the lead-up to the January 2018 North American International Auto Show, Mercedes planned an ironic, down-scale Instagram Inc. campaign featuring photos of its Jeep-like G500s barreling through Detroit’s boho Eastern […]
Copyright Law Update: New DMCA Regulations Loosen the Reins for Internet of Things
November 9, 2018
You may know the Digital Millennium Copyright Act (“DMCA”) from the widely deployed DMCA take-down notices that copyright owners use to remove putatively infringing content from the Internet. Enacted in 1998, the DMCA is more, however, with provisions scattered throughout the Copyright Act. One such DMCA provision comes into play every three years. Section 1201…
Frequently Asked Questions - Publishing Agreements
July 19, 2018
What rights does a publisher acquire from an author? What rights should an author grant? A publisher typically wants the author to authorize an exclusive, worldwide license to exercise all of the author’s rights under copyright and the ability to authorize others to do so throughout the entire term and territory of the agreement. This might serve an author’s purposes but only if it doesn’t constitute “biting at air.” Know what your publisher has accomplished for writers who came before you with respect to each of the rights under discussion. Ascertain whether your publisher has arranged for such things as foreign-language editions or the sale of motion picture rights, and if not, grant such rights sparingly if at all. Negotiate a reversion of any right not exploited by the publisher within a reasonable period.
COPYRIGHT OFFICE REPORT ON SOFTWARE-ENABLED CONSUMER DEVICES
March 29, 2017
By: Mitch Tuchman Software-enabled consumer devices are ubiquitous. Think not only personal computers—desktop, laptop, handheld—but thermostats, cameras, refrigerators, power tools, self-driving cars, even dolls, toys and games, among others devices too numerous to mention. This was not so in 1976 when Congress enacted the present Copyright Act (the “Act”), including computer software for the first…
Can I Use This Video In My Presentation?
November 14, 2014
Visit our Copyright & Licensing page or contact us today to learn how our attorneys can protect your business assets! Raleigh Office Durham Office 919.590.0370 919.590.0364 At least a few times per year, I receive a call from a client asking if a company employee can use copyrighted…