<< MORE >>In determining whether summary judgment is appropriate, the burden is placed on the ...
The question is, are these reviews copyrightable material. If they are, the author grants a license to publish these materials to the website and can generally revoke this license. What happens if the original author demands removal of the review? Can the website refuse to do so without incurring potential liability for copyright infringement ? The answer depends on whether these reviews are copyrightable in the first place and involves an Internet law question. In my opinion, they are. You do not need to be John Grisham to copyright your writings.
According to the notes of committee on the Judiciary (1976) for 17 U.S.C. § 102, “[t]he phrase 'original works of authorship,' which is purposely left undefined, is intended to incorporate without change the standard of originality established by the courts under the present copyright statute. This standard does not include requirements of novelty, ingenuity, or esthetic merit, and there is no ...<< MORE >>
It has been quite a while since my previous post. I have been extremely busy assisting my clients with Internet
legal matters. Internet defamation continues to affect the reputation of
businesses and professionals as former customers, patients, and others who know
that they do not have valid legal claims assert their false and frivolous
complaints in blogs, forums and smear sites. Even competitors are now
posing as unsatisfied consumers in order to post false and ...<< MORE >>
I recently commented on the impact of the U.S. Court of Appeals for the Ninth Circuit Court of Appeals’ decisionlimiting the protections afforded to service providers under the Communications Decency Act. In that case, the court refused to provide immunity to website owners who encourage unlawful or defamatory statements. Less than a month later, the Ohio Court of Appeals also refused to protect the “interests” of bloggers and others who engage in online defamatory statements. The Ninth Circuit’s message was that if you encourage unlawful conduct, the CDA will not provide you with unwarranted solace. The Ohio Court ...<< MORE >>