The 1976 Copyright Act fundamentally changed the way authors acquire rights in their creations, requiring only fixation “in any tangible medium of expression.” In contrast, under the previous 1909 Copyright Act, an author was required to register a work before publication to obtain a copyright. While registration is not necessary to establish rights in a work,…Read more
About: Michael Thomas
Recent Posts by Michael Thomas
Just a heads up, I have a guest post on the California Continuing Education of the Bar (CEB) blog about the first case to interpret California's new LLC law-check it out!Read more
The Beastie Boys won their motion for attorneys' fees based on their successful copyright infringement case against Monster Energy. However, the award was reduced, and they did not recover attorneys' fees under the Lanham Act for their successful trademark infringement case against Monster. While acknowledging that an award was "consistent with, and would further, the…Read more
The first case brought by the FTC involving crowdfunding reached a conclusion June 11th with a settlement. The defendant Eric Chevalier raised over $122,000 via Kickstarter to ostensibly produce a board game but instead used most of the funds for personal expenses. The FTC’s complaint charged that the defendant “participated in deceptive acts or practices in…Read more
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