Category

Intellectual Property

Copyright / Social Media

Is someone stealing your Instagram posts?

Here are 10 things to know about copyright infringement on Instagram and other social media platforms… and what you can do about it. 1. If your post is original content, it’s likely protected by copyright law automatically. Copyright arises automatically in original works fixed in a tangible medium of expression. This means that from the moment an author, artist or photographer expresses something unique in a physical, auditory or visual way, the creator obtains an intellectual property right in their work. For most works, the protection lasts for 70 years from the death of the creator, although this varies on a…

Intellectual Property / Privacy Law / Social Media

A Lawyer’s Take on Social Media Misdeeds: Part 1

There are many reasons why you might want content removed from someone else’s website or social media feed. Some of the most frequent grounds for complaint concern copyright or trade mark infringement. Defamation and harassment are also common painpoints, as are privacy and data protection concerns. This post, which is the first in a series, provides an overview of nine common offenses people commit on social media.

Brands / Trade Marks

Name™ ⁠— What to consider when naming your brand, blog, or product

For most people, when they hear the name of their favourite shop or company, they will also feel something, too. Perhaps they will remember the shopping experience, or how the item made them feel when they used it for the first time. Although price, quality, and convenience are obviously key factors in one’s purchasing decisions, brand awareness is an essential aspect of salience and loyalty. It’s therefore essential for a brand to have a unique and meaningful name which resonates with its target audience. But having an esoteric or too-trendy name can be difficult for consumers to remember. On the…

Brands / Counterfeiting / Legal Contracts

From A to P: Amazon’s Third-Party Problem

With Christmas ‘only’ two months away, many of us will soon be turning to Amazon for our holiday shopping. But recently, the company has received heavy criticism regarding counterfeited items and expired food sold by third-party vendors. Speaking at the Wall Street Journal Tech Live Conference this week, one of the company’s top managers explained the company is prepared to spend billions to combat the problem. Some of us (myself included!) will remember that Amazon began as an online bookseller 25 years ago in Seattle, Washington at the height of the dot.com boom. Two years later, America’s largest bookseller Barnes &…

Film and TV / Intellectual Property

“The Wife” and rights of attribution: an intellectual property perspective

In The Wife, Glenn Close plays Joan Castleman, the steadfast and amenable wife of celebrated novelist Joseph Castleman. But when Joe wins the Nobel Prize in Literature, things start to unravel between them. Is there more to Joan’s support than meets the eye? In this post, I consider the merits of a hypothetical intellectual property dispute between the couple, and an often-neglected right in particular. We first meet Joan Castleman – The Wife – the evening before her husband, celebrated novelist Joseph Castleman, wins the Nobel Prize in Literature. Praise and adoration for Joe’s prolific and highly acclaimed body of work are subsequently lavished…