By Scott Hervey
In October, Congress signed into law the Trademark Dilution Revision Act of 2006 (“TDRA”). This Act overrules the High Courts holding in Moseley v. V Secret Catalogue, Inc., 537 U.S. 418 (2003) and lays to rest a number of other issues that had long split the federal circuits.
By Scott Hervey
On October 16 the Register of Copyrights issued an interpretation of Section 115 of the Copyright Act that will make it easier for record labels and cellular phone services to offer ringtones to consumers. The question, whether compositions used for ringtones [monophonic (single melody line) or polyphonic (melody and harmony)] or for master ringtones (ringtones taken from a master recording) fall under the compulsory license provisions of Section 115 of the Copyright Act, was referred to the Register of Copyrights by the Copyright Royalty Board (“CRB”) acting on a request from the RIAA. The decision – that ringtones (including monophonic and polyphonic ringtones, as well as mastertones) may be subject to a compulsory license – marks a major victory for record labels and cellular phone services looking to fuel the ringtone hungry market.
Continue Reading Copyright Office Clears the way for more Ringtones
Scott Hervey was interviewed for NPR’s Insight as part of a discussion on what young musicians need to know in order to make it in the music business. To listen to the interview, click here
By Scott Cameron
Rambus, Inc., applied for, and later received, several patents from the United States Patent and Trademark Office related to computer memory chips. A patent is generally thought of as conferring the patent holder with a legal monopoly over the patented subject. The patent holder owns the subject to the exclusion of all others. So how is it that, in a unanimous decision, the Federal Trade Commission recently found that the monopoly achieved by Rambus’ patent violated federal antitrust laws?
By Audrey A. Millemann
A business’s intellectual property may be its most valuable asset. Whether it is biotechnology, trade names, business methods, or computer software, intellectual property should be protected to the greatest extent possible in order to maximize the value of the business. This article summarizes the types of intellectual property protection that are available.
