If you’ve created an original song, a book, a photograph, a website design, or a piece of software, you might be asking yourself: Do I need to register my work to be protected by copyright? Copyright protection exists automatically the moment you create an original work fixed in a tangible form. But there are advantages…
When you pour time, creativity, and soul into something you have made, the last thing you want is for someone to steal it. What happens if someone infringes on my copyrighted work? Whether you’re a writer, artist, musician, photographer, designer, or business owner, copyright law exists to protect your original creations. You have real options…
What is an author in the copyright context? Well, we know that it is not artificial intelligence—for now. This is important because copyright protection vests in authors. So, without an author, there is no protection. Many cases have held an author must be a person. For the longest time it was not even a question….
Phillips & Bathke, P.C. recently assisted an Etsy seller whose competition went further than it should. Our client’s competitor accused our client of copyright infringement. The competitor submitted DMCA takedown notices to Etsy—delisting our client’s products. After review of the case, we determined an efficient, but aggressive approach would likely be successful. After discovery closed,…
If you are reading this article, you likely received correspondence (either a letter or email) from a company named PicRights or an attorney’s office named Higbee & Associates concerning images that were found on your website. Despite what you may have read online, these correspondences are not spam or scams; they should be taken seriously. …
If you are reading this article, you likely received an email from your online service provider (Amazon, Etsy, Ebay, TikTok, Facebook, Instagram, etc.) that a DMCA takedown notice was filed against you claiming that one of your product listings or posts infringed another’s copyright protected work. You review the notice but cannot understand how or…
Filing a claim with the Copyright Claims Board (CCB) is a cost-effective alternative to litigating copyright claims in federal court if the goal is a quick resolution of your copyright claim that is not more than $30,000. The CCB is similar to a small claims court but specifically geared for copyright disputes. Cases are decided…
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