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What is a DMCA Counter Notification?
Screen shot from YouTube counter notification tutorial In Terms of Use and the Digital Millennium Copyright Act (DMCA), I discussed DMCA provisions pertaining to takedown notices. This post discusses...
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Monthly Missives Compilation Now Available
From late 2004 to early 2016, I published a not-quite-monthly email newsletter on various business-related legal topics – what I called my “monthly missives“. I recently compiled the nearly 100 emails...
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DTSA (Defend Trade Secrets Act) Requires Notice to Employees
Until recently, trade secrets were solely a matter of state law. However, on May 11, 2016, President Obama signed the DTSA, the Defend Trade Secrets Act of 2016. Because of the DTSA, trade secret...
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Trade Secrets Receive Federal Protection
This post discusses the civil and criminal protections for trade secrets available since May 12, 2016 under the federal Defend Trade Secrets Act (DTSA). Relevant definitions in the DTSA roughly follow...
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What are Novelty and Non-obviousness?
Novelty and non-obviousness are requirements for a utility patent to be granted in the United States. This post explains the meaning of novelty and non-obviousness. I have based this on my answer to a...
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DMCA Designated Agent List Going Online
The U.S. Copyright Office maintains designated agent records under the Digital Millennium Copyright Act (DMCA). The Office recently announced that will be moving from paper to an online system. DMCA...
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Creativity and Copyright
Creativity is important socially and aesthetically. It also is required for a work to be copyrightable. The Compendium of U.S. Copyright Office Practices is the administrative manual of the Register of...
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Which Types of Intellectual Property Can Protect an Idea?
This post explains why the various types of intellectual property (“IP”) cannot protect a mere idea. However, IP may protect items that one creates based on such an idea. I first wrote about this...
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How Much Can My Product Look Like Another Company’s Product?
This post discusses how much one company’s product can look like another company’s product without creating intellectual property problems. It largely copies a Quora answer that I wrote recently....
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Design Copyright Explained
Many people are familiar with copyrights for literary and musical works, movies, and the like. This post is about a different type of copyright, the design copyright. Title 17, Chapter 13 of the United...
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Protect Your IP when You Hire a Freelancer
This post explains how to make sure that you own work product and intellectual property (IP) when you use a freelancer service. Most of the following first appeared on Quora. Please see How can I...
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