Ascentage Law is a boutique business, IP, and licensing law firm with offices in Cambridge, Massachusetts and Portsmouth, New Hampshire. The firm provides legal services related to patents, copyrights, trademarks, licensing, corporate law, and publishing law. The document provides information about copyright and trademark law, addresses common myths and misconceptions, and discusses legal issues like defamation and invasion of privacy that are important for creative professionals to understand.
Using Facebook's voluminous and illustrative history of litigation, as well as his own personal experience in over a decade of publishing websites and creative media, Chris will take us through a fun, funny, and simple outline of what the practical implications of the law are for web developers and their clients.
Recently patent litigator Joseph Re was
handling a major case for a prominent
medical device manufacturer. Gerard von
Hoffmann, Re’s friend and partner at Irvine,
CA-based Knobbe Martens Olson & Bear,
one of the nation’s largest intellectual property
firms, got a call from one of the company’s
board members...Read the article for more.
patents received by the top 5 technology companies Sumit Roy
THE ‘BIG 5’ PATENTS REPORT
Patent activity and trends across Amazon, Apple, Facebook, Google,and Microsoft
OVERALL PATENT ACTIVITY FROM BIG 5 COHORT ON
THE RISE
Applications trend upwards: Collectively, these IP powerhouses
have applied for more than 52,000 patents since 2009. Total
applications have steadily risen as each company diversifies its
research activities, with annual combined applications nearing
10,000 in 2013.
Microsoft leads, Facebook lags: Microsoft has filed for the most
patents, applying for over 16,800 since 2009, with second-place
Google applying for more than 14,500. Apple was in 3rd and
Amazon 4th, with Facebook lagging significantly behind.
Grants also rising: Although somewhat dependent on the USPTO
approval process, annual grant publications for this cohort have
also consistently grown. Google is now surpassing Microsoft for
the top spot here in part thanks to the reversal of its anti-patent
stance early in the decade.
INDIVIDUAL PATENTS REVEAL BROAD INTERESTS IN AI,
AR/VR, AND VEHICLES
AI activity skyrockets: 2014 applications with AI-related keywords
have already set an annual record, with more applications likely to be published. Microsoft leads with Google quickly rising in second,
while Apple lags all of its peers thus far.
Facebook picking up: Although behind the other four in overall
filings, its activity is on the rise and recently published applications reveal its efforts to automate the removal of objectionable contentusing machine learning.
Apple targets vehicles, wearables: Apple came in second behind Google in our keyword analysis of vehicle-related tech. Individual filings point to research in autonomous vehicles and AR/VR.
Amazon broadens activities: The e-commerce company has
moved from consumer devices like e-book readers and tablets to drones, cybersecurity, and potentially tech to support its Go stores.
This is a presentation I prepared for our class in the Teaching of Composition. It is about the Process Approach to Writing, its Theoretical Underpinnings, etc. The presentation was given last April 21, 2010.
Using Facebook's voluminous and illustrative history of litigation, as well as his own personal experience in over a decade of publishing websites and creative media, Chris will take us through a fun, funny, and simple outline of what the practical implications of the law are for web developers and their clients.
Recently patent litigator Joseph Re was
handling a major case for a prominent
medical device manufacturer. Gerard von
Hoffmann, Re’s friend and partner at Irvine,
CA-based Knobbe Martens Olson & Bear,
one of the nation’s largest intellectual property
firms, got a call from one of the company’s
board members...Read the article for more.
patents received by the top 5 technology companies Sumit Roy
THE ‘BIG 5’ PATENTS REPORT
Patent activity and trends across Amazon, Apple, Facebook, Google,and Microsoft
OVERALL PATENT ACTIVITY FROM BIG 5 COHORT ON
THE RISE
Applications trend upwards: Collectively, these IP powerhouses
have applied for more than 52,000 patents since 2009. Total
applications have steadily risen as each company diversifies its
research activities, with annual combined applications nearing
10,000 in 2013.
Microsoft leads, Facebook lags: Microsoft has filed for the most
patents, applying for over 16,800 since 2009, with second-place
Google applying for more than 14,500. Apple was in 3rd and
Amazon 4th, with Facebook lagging significantly behind.
Grants also rising: Although somewhat dependent on the USPTO
approval process, annual grant publications for this cohort have
also consistently grown. Google is now surpassing Microsoft for
the top spot here in part thanks to the reversal of its anti-patent
stance early in the decade.
INDIVIDUAL PATENTS REVEAL BROAD INTERESTS IN AI,
AR/VR, AND VEHICLES
AI activity skyrockets: 2014 applications with AI-related keywords
have already set an annual record, with more applications likely to be published. Microsoft leads with Google quickly rising in second,
while Apple lags all of its peers thus far.
Facebook picking up: Although behind the other four in overall
filings, its activity is on the rise and recently published applications reveal its efforts to automate the removal of objectionable contentusing machine learning.
Apple targets vehicles, wearables: Apple came in second behind Google in our keyword analysis of vehicle-related tech. Individual filings point to research in autonomous vehicles and AR/VR.
Amazon broadens activities: The e-commerce company has
moved from consumer devices like e-book readers and tablets to drones, cybersecurity, and potentially tech to support its Go stores.
This is a presentation I prepared for our class in the Teaching of Composition. It is about the Process Approach to Writing, its Theoretical Underpinnings, etc. The presentation was given last April 21, 2010.
Legal Issues for Bloggers by Donald R. Simon, J.D/LL.M.Steven Chau
Bloggers face a lot of legal issues. More and more citizen journalists are facing defamation and invasion of privacy lawsuits. The presentation will discuss some of the legal issues confronting bloggers, how to avoid common pitfalls, and how to ensure legitimate speech is protected.
This presentation was presented by Donald R. Simon, J.D./LL.M. at the SMCKC March'2011 Breakfast. Donald is a former intellectual property attorney and now business consultant. His firm concentrates in assisting media- and arts-based entrepreneurs.
don@simonbizconsulting.com
Twitter: @simonbizconsult
Web: www.simonbizconsulting.com
Blog: www.ThinkBigKC.co
Top 20 Reasons Why There Is No Better Profession Than Practicing Law.pdfBCG Attorney Search
In this webinar with Harrison Barnes, you will learn:
-Why the practice of law is a wonderful profession to be a part of.
- Why lawyers are extremely respected and looked up to compared to other professions
-How do you will gain profound insight into human behavior and possibly even come to better understand yourself through understanding your clients.
Sign up now:
https://www.bcgsearch.com/candidate_login.php
Small business development for creative businesses - basic information for artists of all types. Includes very brief overview of copyright issues in art.
Presentation as part of the MA Online Journalism at Birmingham City University, UK. Originally delivered Nov 19, 2009. This does not represent legal advice.
Social Media Legal, Regulatory & Compliance: Risks & IssuesAdler Law Group
Social media sites like Facebook, Twitter, YouTube and LinkedIn provide the opportunity for authentic interaction and engagement with customers. Companies are rapidly adopting these services as strategic marketing tools. New technological developments often create new legal and business risks. Learn how to identify the legal issues, develop policies and procedures to avoid legal risks and how to maintain regulatory compliance.
Social Media Law: It is Real, and, Yes, It Really Can Impact Your Business - ...Shawn Tuma
This legally focused MENGinar will educate you on the risks of using Social Media along with other digital businesses. It will provide ways to help highlight:
What is social media law?
What are the more common legal issues related to businesses using social media?
How social media law can impact businesses?
What can be done to minimize the risks of those potential legal problems related to using social media?
Do the potential issues raised by using social media mean that it is better for my company to not use social media?
Shawn Tuma is a partner at the law firm BrittonTuma, a full service boutique business law firm that helps clients with all civil matters, including a full range of transaction, litigation, technology, and general counseling services. Shawn’s own broad based experience centers on business, technology, civil litigation, intellectual property litigation, and a unique expertise with cutting-edge legal issues such as computer fraud, information security, and cyber and information law.
Shawn is a frequent speaker on digital business risk issues such as computer fraud, data security, and social media law.
Legal Issues for Bloggers by Donald R. Simon, J.D/LL.M.Steven Chau
Bloggers face a lot of legal issues. More and more citizen journalists are facing defamation and invasion of privacy lawsuits. The presentation will discuss some of the legal issues confronting bloggers, how to avoid common pitfalls, and how to ensure legitimate speech is protected.
This presentation was presented by Donald R. Simon, J.D./LL.M. at the SMCKC March'2011 Breakfast. Donald is a former intellectual property attorney and now business consultant. His firm concentrates in assisting media- and arts-based entrepreneurs.
don@simonbizconsulting.com
Twitter: @simonbizconsult
Web: www.simonbizconsulting.com
Blog: www.ThinkBigKC.co
Top 20 Reasons Why There Is No Better Profession Than Practicing Law.pdfBCG Attorney Search
In this webinar with Harrison Barnes, you will learn:
-Why the practice of law is a wonderful profession to be a part of.
- Why lawyers are extremely respected and looked up to compared to other professions
-How do you will gain profound insight into human behavior and possibly even come to better understand yourself through understanding your clients.
Sign up now:
https://www.bcgsearch.com/candidate_login.php
Small business development for creative businesses - basic information for artists of all types. Includes very brief overview of copyright issues in art.
Presentation as part of the MA Online Journalism at Birmingham City University, UK. Originally delivered Nov 19, 2009. This does not represent legal advice.
Social Media Legal, Regulatory & Compliance: Risks & IssuesAdler Law Group
Social media sites like Facebook, Twitter, YouTube and LinkedIn provide the opportunity for authentic interaction and engagement with customers. Companies are rapidly adopting these services as strategic marketing tools. New technological developments often create new legal and business risks. Learn how to identify the legal issues, develop policies and procedures to avoid legal risks and how to maintain regulatory compliance.
Social Media Law: It is Real, and, Yes, It Really Can Impact Your Business - ...Shawn Tuma
This legally focused MENGinar will educate you on the risks of using Social Media along with other digital businesses. It will provide ways to help highlight:
What is social media law?
What are the more common legal issues related to businesses using social media?
How social media law can impact businesses?
What can be done to minimize the risks of those potential legal problems related to using social media?
Do the potential issues raised by using social media mean that it is better for my company to not use social media?
Shawn Tuma is a partner at the law firm BrittonTuma, a full service boutique business law firm that helps clients with all civil matters, including a full range of transaction, litigation, technology, and general counseling services. Shawn’s own broad based experience centers on business, technology, civil litigation, intellectual property litigation, and a unique expertise with cutting-edge legal issues such as computer fraud, information security, and cyber and information law.
Shawn is a frequent speaker on digital business risk issues such as computer fraud, data security, and social media law.
1. {
Ascentage Law, PLLC
Legal services for creative minds
Email: mab@ascentagelaw.com
Cambridge, Massachusetts USA
Phone: +1-617-475-1603
Portsmouth, New Hampshire USA
Phone: +1-603-227-0500
2. Ñ Ascentage Law is a boutique business, IP, &
licensing firm located in Cambridge, Massachuse?s
USA and Portsmouth, New Hampshire USA.
Ñ What type of legal work do we do?
Ó Patents
Ó Copyrights
Ó Trademarks
Ó Licensing
Ó Corporate/business law
Ó Publishing law
Firm Background
3. {
{
What it is:
Ñ Educational
Ñ Informational
Ó Please ask quesitons
but keep them
general so they can
apply to everyone!
Ñ Fun
What it is not:
Ñ An analysis of the
quality of your work
Ñ A guarantee people
will buy your work
Ñ The end-‐‑all, be-‐‑all on
legal issues and advice
Ñ The creation of an
a?orney-‐‑client
relationship
Tonight’s workshop
4. {
Ñ I can protect the title of my
book just like I can protect
the name of my business.
Not really…
Myth #1
5. {
{
Trademark Law
Ñ “A word, phrase, symbol or
design, or a combination of
words, phrases, symbols or
designs, that identifies and
distinguishes the source of
the goods of one party from
those of others.”
Ñ Examples
Ó FedEx, McDonald’s, Big Mac,
Pizza Hut, Pepsi
Copyright Law
Ñ “Original works of
authorship fixed in a
tangible medium of
expression”
Ñ Examples
Ó Books, poetry, artwork,
musical lyrics, musical
compositions, computer
code, pictures
Copyright v. Trademark
7. Copyright Law 101
Ñ What rights do I have to my
work under copyright law?
Ó Reproduction right -‐‑-‐‑ the right to
make copies of a protected work
Ó Distribution right -‐‑-‐‑ the right to
sell or otherwise distribute copies
to the public
Ó Right to create adaptations
(called derivative works) -‐‑-‐‑ the
right to prepare new works
based on the protected work, and
Ó Performance and display rights -‐‑-‐‑
the rights to perform a protected
work (such as a stageplay) or to
display a work in public.
Ñ NOTE: There are a few more but
these are the main ones
Ñ What does copyright
NOT protect?
Ó Ideas
Ó Facts
Ó Individual book titles
8. {
Ñ A copyright filing is not
necessary for protection.
No…yes…sort of.
Myth #2
9. Ñ Establishes public record of claim
Ñ Must file before infringement lawsuit in US
Ñ If done w/in 5 years of publication, “prima
facie” evidence of ownership
Ñ If done w/in 3 months of publication, statutory
damages & a?orney’s fees can be awarded
Ó Without this only actual damages & profits
Ñ US Customs Service registration
Benefits of Copyright
Registration
10. Ñ Process
Ó eFile -‐‑ $35
Ó Paper – Form TX
Ñ Ownership
Ó Single authorship
Ó Co-‐‑authorship
Ó Work made for hire
Ñ Duration
Ó Generally = Life of the author + 70 years
Ó Works made for hire, anonymous, or pseudonym =
95 from first publication OR 120 years from
creation, whichever is first
Registering your
copyright is easy!
11. Ñ Insert a copyright notice
Ó Copyright 2013 Mitchell A. Bragg. All rights
reserved.
Ñ Location
Ó Title page, inside of the title page, the page
immediately following the title page
Ó Bo?om of website
Ó On fliers / handouts
What if you still do not want
to register your work?
12. {
Ñ I can use the work of someone
else as long as I give credit.
Ñ I can use the work of someone
else as long as it is on the
internet.
Ñ I can use the work of someone
else as long as I use less than
20%, less than 3 lines, or less
than 3 notes.
No.
Myth(s) #3
13. Ñ Public domain works = all works published in
the U.S. before 1923
Ó After that it can get tricky…
Ñ What about the less than 20%, 3 cord, 3 line, etc.
“rules”?
Ó They are not true.
Ñ When in doubt, get permission!
What can I use that is made
by others?
14. Ñ What is it?
Ó Makes it legally permissible for you to use a
copyrighted work without permission for purposes
such as commentary, criticism, parody, news
reporting, and scholarship
Ñ Factors
Ó the purpose and character of the use, including
whether such use is of a commercial nature or is for
nonprofit educational purposes;
Ó the nature of the copyrighted work;
Ó the amount and substantiality of the portion used in
relation to the copyrighted work as a whole;
Ó and the effect of the use upon the potential market
for or value of the copyrighted work.
What about “fair use”?
15. {
Ñ I can write about whatever
and whoever I want if I say
it is fiction.
No.
Myth #4
16. Defamation
Ñ Definition
Ó A legal claim
involving injury to
one'ʹs reputation
caused by a false
statement of fact
Ñ Publication of the statement
Ó Something was communicated to a third-‐‑
party
Ñ Statement is about the plaintiff
Ó It need not name the person explicitly if
there is enough to ID the person)
Ñ The statement harmed the reputation of
the plaintiff
Ó This means that it more than just insulting,
it must do more, such as lower the person
in the esteem of his peers or cause injury to
his business/trade)
Ñ Published with some level of fault
Ó This means the defendant failed to do
something he should of done or did
something he should not have done)
Ñ No applicable privilege applies
Ó public officials, public figures or ma?ers of
public concern
19. {
{
Invasion of Privacy
Ñ Definition
Ó Publishing private
facts about an
individual, the
publication of which
would be offensive to
a reasonable person,
so long as the facts are
not “newsworthy”
False light, rights of publicity, &
misappropriation
Ñ Definition
Ó Protect people from
offensive and false
facts stated about
them to the public
Ó Protect people from
false endorsements
Other concerns when sharing
facts about others
21. Ñ Legal books
Ó The Fine Print of Self Publishing by Mark Levine
Ó The Copyright Handbook by Stephen Fishman
Ó Patent, Copyright, & Trademark by Richard Stim
Ñ Websites/blogs
Ó Citizen Media Law Project –
www.citmedialaw.org
Ó Stanford Fair Use – fairuse.stanford.edu
Ó U.S. Copyright Office circulars– h?p://
www.copyright.gov/circs/
Resources
22. {
Ascentage Law, PLLC
Legal services for creative minds
Email: mab@ascentagelaw.com
Cambridge, Massachusetts USA
Phone: +1-617-475-1603
Portsmouth, New Hampshire USA
Phone: +1-603-227-0500