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Who’s on First? Depends if Fair Use is on Second and Public Domain is on Third

Abbott and Costello’s “Who’s on First?” brings back memories of my seventh-grade talent show where I performed the routine with Brandon Berry at Atascocita Middle School.  I can’t remember if we won second or third place — there was stiff competition at AMS and someone with real talent actually won.
It’s a good thing I did … Continue Reading

Texas eMediaLaw Legislative Update: 2015

It’s Spring in Texas which means one of two things – the bluebonnets are out and in odd years, our legislature is back at work.  One makes me grateful to be in Texas and the other only meets every other year.  Here are a few bills we are watching this session:
Service of Process Via Social Media- … Continue Reading

GUEST POST: Left Shark, Katy Perry and 3D Printing – Someone is getting bit

Today, we have a guest post from Gray Reed & McGraw attorney Cleve Clinton (the one on the far left).  He is one of the writers of the enlightening and entertaining blog over at Tilting the Scales where they share common sense, practical insights and a little humor, all to help clarify interesting and timely business … Continue Reading

Getting Pictures Off the Internet – Not Easy To Do

I love college basketball.  Given that my Missouri Tigers haven’t given me much to talk about, I thought we could discuss the efforts by this upset Duke fan to have her image removed from the Internet captured during the Miami – Duke game that snapped Duke’s incredible 41-home-game winning streak.  You can read about it … Continue Reading

5 Most Popular eMediaLaw Posts of 2014

5.  Using Images Without Permission is No Monkey Business
From the Wikimedia Commons website
This was one of the more interesting stories of the year – does the photographer who set up everything to allow for a monkey to take a selfie own the copyright to that selfie?  This year we learned that no, the photographer does … Continue Reading

Lawyers Fighting Over Domain Names Never Looks Good

Law360 reported that two competing DUI defense lawyers are fighting over the domain name www.dontblow.com (article here, but subscription required).  Well-known DUI attorney Tyler Flood is the plaintiff.  He has been using the domain name www.DoNotBlow.com for almost a decade. Mark Hull started using the similar domain name in 2011 which prompted the suit.
You can … Continue Reading

Using Images Without Permission is No Monkey Business

Who owns the rights to a selfie taken by a monkey?  While it sounds like a law school exam, it is based on a real story as reported here by the American Bar Association.
According to the article, a monkey picked up the photographer’s unattended camera and began taking pictures.  This is one of the images … Continue Reading

Supreme Court determines Aereo violates copyright – back to the drawing board

This morning, the U.S. Supreme Court ruled in a 6-3 decision that Aereo violates copyright law by retransmitting over-the-air programming without authorization.  This will shut down the controversial start-up or force them back to the drawing board to come up with a new system.  The sound you heard was a huge sigh of relief of … Continue Reading

Copyrights, Fair Use and Elections

The mid-terms are coming up, so you know there will be stories of politicians getting into clashes with artists over the use of songs and other content in ads and at rallies.  In Texas, for better or worse, the real competition is often in the Republican primary and several run-offs have already brought up some … Continue Reading

Infographic: The Use of Images From The Web on Your Site, Newspaper or Broadcast

We created this infographic for some of our media clients to give them a one-page cheat sheet on the analysis they need to do when trying to decide whether they can use an image from the internet in a pinch.
The infographic includes all the caveats because rarely can a legal issue be discerned down to … Continue Reading