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“How Artists Can Curtail Online IP Theft Defended by Fair Use,” Law360


“How Artists Can Curtail Online IP Theft Defended by Fair Use,” Law360

October 23, 2019
Michael A. Siem

Debra L. Doby and Michael A. Siem, partners in the firm’s Intellectual Property group, wrote an article for Law360 discussing the rise of image theft through social media platforms like Facebook, Twitter, and Instagram, and how artists, celebrities, and creative professionals can protect their intellectual property.

In “How Artists Can Curtail Online IP Theft Defended by Fair Use,” Debra and Michael examine specific cases and defenses for image theft, including the fair use doctrine and the four-prong test inside Section 107 of the U.S. Copyright Act. They also encourage people to read the terms of use carefully before posting an image online because websites may reserve future use of photographs.

“Artists should register copyright with the U.S. Copyright Office, but such registrations may be cost prohibitive. Technology makes image theft easy but helps artists to protect their work as well. Photographers should never share high-resolution files before uploading. If uploading full resolution images, photographers should take additional measures to protect their work including, but not limited to, watermarks, metadata or a protection badge. A protection badge provides a noticeable and colorful icon proclaiming the image is ‘registered, protected, and monitored,’ and the badge makes it easier to remove images from infringing websites by referring to your registration certificate.”

Read the full article here:

How Artists Can Curtail Online IP Theft Defended by Fair Use,” Law360, October 18, 2019

More about Goldberg Segalla’s Debra L. Doby and Michael A. Siem:

Debra routinely handles all aspects of complex construction matters pre-litigation through trial encompassing OSHA, Jones Act and Longshore and Harbor Worker’s Compensation Act. Debra created Goldberg Segalla’s Opioid Impact Program (OIP) a comprehensive program which identifies and mitigates claims that have the potential to spiral out of control in terms of cost and exposure. Drawing on her undergraduate degree in chemistry and substantive knowledge regarding prescription medications, Debra regularly engages in highly complex and high value patent litigation including pharmaceuticals, chemical processes, and biotechnology.

Michael represents both patentees and alleged infringers in various federal district courts, and litigates cases in many technological areas, including pharmaceuticals, consumer electronics, chemical processes, computer networks, and biotechnology. His experience also includes handling trademark litigation under the Anticybersquatting Consumer Protection Act with regard to the use and registration of a website domain name. He also has significant experience in drafting and filing patent and trademark applications. Equipped with a deep understanding of pharmaceutical litigation related to intellectual property and the Hatch-Waxman Act, Michael also maintains a focus on matters related to Abbreviated New Drug Applications (ANDAs).