Recent Posts by Michael Thomas

Web Developers & Coders Rejoice! HTML is Copyrightable, Says Court

A recent court decision should come as welcome news to web developers and coders of all stripes because it clarifies the copyrightability of web-related assets. The district court in Advertising FZ-LLC v. Netseer Inc., 2016 U.S. Dist. LEXIS 3784 (N.D. Cal.), recently ruled that HTML used to create the custom search results page of an online advertising platform…
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Artists’ Rights Bolstered by Recent Legal Developments

Two recent legal developments should give visual artists comfort that their rights are alive and well in the U.S. Both demonstrate different aspects of "moral rights" at play, one at the state level and the other under federal law. California Resale Royalties Act of 1976 (CRRA) On January 11 the U.S. Supreme Court denied certiorari in…
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BitTorrent Defendant Fails to Byte Off Attorney’s Fees

Mass BitTorrent lawsuits have been in the news for several years now but appear to have reached a crescendo with and . A recent case out of the 8th Circuit is noteworthy because the otherwise successful defendant tried unsuccessfully to have the copyright owner pay her attorney’s fees. In , the plaintiff sued 20 unnamed…
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Trademark Scammers at It Again, Versus….Me!

Back in early 2015, I wrote a post relaying a USPTO and WIPO warning to trademark owners about unscrupulous companies that send very official-looking invoices asking for substantial amounts of money for doing absolutely nothing. Around that time, a trademark registration client forwarded a notice he had received from one of these scammers. Jump forward more than…
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