BOOK

Intellectual Property Law in Cyberspace, Second Edition, With 2015 Cumulative Supplement

This intriguing treatise covers legal issues at the interface of IP and the Internet, including global top-level domains and new registration options, protecting trademark and domain registrations, online gaming, and the application of traditional IP legal concepts to email, hyperlinking, virtual property, and spamming.

MEET THE AUTHOR
G. Peter Albert, Jr.
Editor-in-Chief

DESCRIPTION

Stay current on IP law within the shifting frontiers of the Internet

Intellectual Property Law in Cyberspace, Second Edition, co-published with the AIPLA, is the critical resource practitioners need to protect and enforce clients’ IP rights on the Internet. The treatise offers the most up-to-date information on this cutting-edge area of law, with discussion of such topics as the latest on newly introduced global top-level domains and new registration options; how to protect registrations from challenges; online gaming; new wrinkles in jurisdiction; and the application of traditional IP legal concepts to email, hyperlinking, virtual property, and spamming. 


Supplement Information

New in the 2015 Cumulative Supplement

  • A ruling finding a transformative fair use in a web crawler in Fox News v. TVEyes, where TVEyes created a database indexing and excepting every television news broadcasts – information that cannot otherwise by gathered and searched;
  • A decision in in Authors Guild, Inc. v. Google Inc. finding Google Books, a service that reproduces sections of copyrighted works so that users may perform searches of the material, to be sufficiently transformative to satisfy that element of the fair use defense;
  • A discussion of the Copyright Office’s sixth rulemaking to designate classes of works that will be exempt from the prohibitions against circumvention of technological measures that control access to copyrighted works when such circumvention occurs to engage in non-infringing uses of works in the designated classes;
  • The court in Capitol Records, LLC v. Escape Media Group provided much needed clarification of the bounds of an appropriate repeat infringer policy;
  • A decision determining that the transformative use by West and Lexis of attorneys’ briefs posted in their online database after conversion into text-searchable files, addition of editorial information, unique identifiers, and links was a fair use in White v. West Publ’g Corp.;
  • A new topic on pre-1972 recordings reviewed a trio of cases in courts on either side of the country which evaluated whether common law copyrights prohibit both the reproduction and public performance of these recordings; the owners of pre-1972 sound recordings are leading two-to-one against the broadcasters in challenging the broadcasters’ decision to not pay royalties for broadcasting pre-1972 recordings;
  • The Fourth Circuit ruling in Radiance Foundation v. NAACP that  the provision of mere information services without any commercial or transactional component could not meet the “use in commerce” element, and that the use of the marks at issue was too attenuated from the donation solicitation and the billboard campaign to support Lanham Act liability;
  • A new topic on the transition from operating the Internet Assigned Numbers Authority function pursuant to a contract with the National Telecommunications and Information Administration to a regime of independent, private governance under the supervision of a global multistakeholder community;
  • Action by ICANN to implement a new “Trademark Clearinghouse”  whereby trademark owners can pay ICANN to register exact matches of their trademark, which is designed to gives owners a number of qualified procedural protections;
  • A ruling by the Eleventh Circuit that the functionality of a software program was not entitled to trade secret protection under the Georgia Trade Secrets Act even though the program was password protected in Warehouse Solutions, Inc. v. Integrated Logistics, LLC;
  • And more.

 


AUTHOR

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.


The American Intellectual Property Law Association, founded in 1897, is a national bar association constituted primarily of  lawyers in private and corporate practice, in government service, and in the academic  community. It represents a wide and diverse spectrum of individuals, companies, and institutions involved directly or indirectly in the practice of patent, trademark, copyright, trade secret, and unfair competition law, as well as other fields of law affecting intellectual property. Its members represent both owners and users of intellectual property. For more information, visit www.aipla.org.

G. Peter Albert, Jr., is a partner with AlbertDhand, LLP, San Diego, CA, where his practice encompasses all phases of international patent, trademark, and copyright litigation, prosecution licensing, and intellectual property counseling.

CONTENTS

View full tables of contents and read the book’s preface or introduction.