Just Because a Photo is Tweeted Doesn’t Mean It’s Not Under Copyright Protection

Web publishers who publish photographs that they find on the Web must identify and obtain permission from the photographer or copyright holder or face stiff financial penalties. In the New York case, Agence France Presse v. Morel, 2011 WL 147718 (S.D.N.Y. Jan. 14, 2011), photographer Daniel Morel had taken some photos of the Haitian earthquake […]

Protection of Trade Secrets Requires Pro-Active Effort, Less Reliance on “Inevitable Disclosure”

In a recent trade secrets case, a Massachusetts Superior Court judge issued a ruling that should serve as a stark reminder to all companies that rely on trade secrets to protect their vital business data and processes. In a related development, some recent cases in other jurisdictions have raised the question of whether it is […]

Patent Trolls Like Intellectual Ventures Must Be More Closely Regulated, But How?

Patent trolls are the bane of the existence of American industry. These companies and individuals shop around for patents and patent portfolios to acquire for the sole purpose of using litigation and the threat of litigation to monetize their underlying ideas. They have no interest in the utility, social value or commercial viability of the […]