Effective Ways of Avoiding Copyright Issues in Music Production

Without any second thoughts, getting into the music industry can nowadays prove to be quite brutal. Initially, you don’t think much about it by enjoying the phase and experiencing your dream job. You spend your time recording, producing, selling music, and getting paid for the same as well. However, after some time, you get to see the ugly face and harsh reality of the music industry, which indeed has cutthroat competition and a lot of mean people looking forward to claiming that you stole their tunes. Copyright Infringement lawsuits, in the present fast-paced society, are something that most of the music producers are accustomed to dealing with, but that doesn’t make them any uncomplicated to handle. Therefore, it is always highly advisable to avoid such complications as much as possible and as soon as possible. Let us now make ourselves familiar with how you can do the same proactively.

  1. Get all the Necessary Permissions

While being in the music industry, if you are looking forward to using the creative work of another person, then the first and foremost thing you need to do is get all the necessary permissions. It is a matter of fact that yes – the music industry is vast with a lot of artists and producers. At times you may think that you will not get caught; however, there’s no way out, and you will eventually end up getting caught, mostly in cases if you sell your music recordings. You might wake up one morning and see yourself hit by a copyright infringement lawsuit only because you didn’t receive permission from the concerned parties in the matter. Furthermore, the same applies to dead artists too. A lot of people across the globe are of the view that if a music artist is no more, then his or her creative works are open for use, which is undoubtedly far away from the truth.

The reality is that the families of the music artists who are no more and other concerned parties can still make a lot of money from royalties. Also, just because the artists are dead doesn’t mean their works are available for free. Therefore, make sure you have yourself covered in all aspects corresponding to having all the necessary permissions.

  1. Don’t Swindle the Music Tunes

There are indeed some music producers and artists who swindle the tunes from others and claim it as their own, which is a clear cut way of getting hit with a copyright infringement lawsuit. Without any doubt, you can go ahead with getting ideas from other music artists; however, you can’t take their music straight away and use it directly. There are various platforms on the Internet today that offer royalty-free sounds, loops, and sample packs to music producers. You can effectively make the most out of such opportunities by acquiring everything from the rightful owners and consequently avoid all copyright-related issues in the long run.

  1. Get in touch with a Specialized Copyright Attorney

If you wish to use a specific part of another person’s music, then it is always a brilliant idea to seek legal advice and assistance first. Copyright Laws are comprehensive with plenty of intricate details that you will miss if you begin understanding them yourself. So, get in touch with a specialized Copyright Attorney and understand whether what you are doing is legal or not. Also, under copyright laws and regulations, using some part of a music tune or song for non-commercial purposes doesn’t necessarily make it ‘fair use.’ Fair use doesn’t hold the need to seek permission from the copyright owner. However, there is a need to ensure that your case is under fair use, which again takes us to the utmost importance of consulting with experienced attorneys first.

  1. Have an Understanding about Copyrights

The copyright laws may prove to be too technical and complicated for you to understand, but you can focus on understanding the term copyright in general. When we come to the music industry, there are various misconceptions and misunderstandings related to copyright and related terms. Hence, it is imperative to know about the right things and avoid all unexpected damages. For instance, in the music industry, copyright laws not only extend to music but also the lyrics, which is something not many people know. If you use a paragraph from a poem or a book, the descendants of the writer might sue you alleging copyright infringement and demand some money if you had neglected to ask for permission. Even uploading a track (not for commercial purposes) with copyright infringement on your social media accounts like Facebook and Instagram may bring in trouble. You need to keep in mind all such details for avoiding copyright-related issues. It is highly advisable to prepare yourself for every possibility, understand the term copyright thoroughly, and know what you are allowed to do. For more visit: https://www.trademarkmaldives.com

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Court Rules against ‘GTA V’ Cheat Makers over Copyright Infringement

England and Wales Intellectual Property Enterprise Court has recently ruled against a pair of cheat developers in association with Epsilon (a former outfit related to GTA games) for infringing on the copyright by coding and selling the software.

The Grand Theft Auto (GTA) games are all about bad behavior for making money. Nevertheless, in the real world, their developer and publisher – Rockstar Games, Inc. and parent Take-Two Interactive Software, Inc. – go hard on getting any hint about rules being broken, and thus, all the way to suing cheat app makers for Copyright Infringement.

The recent ruling is in relation to one such legal action that has gone well for the UK Company. It is a summary judgment meaning that the case would not go to trial.

Rockstar’s original Copyright Infringement Application for a summary judgment named five defendants, three of which have settled the case in the meantime. Rest two who chose to try their luck in court though affirmed their involvement with Epsilon, yet made efforts to invalidate the violation argument. They did so by saying that their team provided a disclaimer of liability to users of their cheat for the online gameplay GTA V. Nonetheless, the court said that this was a mere window-dressing.

In general, these cheats are known as the ‘mod menu’ and allow gamers to enjoy several advantages while playing. These sometimes unlock virtual in-game items and currency for which they would otherwise need to pay the real money.

Another thing the defendants said in their defense was that the Epsilon developed its software by forking the already existing code, which is available online. It means they downloaded the source code from a popular and well-known public cheating website. But, the court rejected this argument also and ruled in favor of Rockstar’s claim of violation of the contract against one defendant, dropping the charge against the other because he was a minor when the offense took place.

Although the case won’t go to the trial in association with the copyright charges, the issue related to legal cost may still require a trial. But Justice Falk, who signed the order, said that she hoped the parties would try to settle this matter. For more visit: https://www.trademarkmaldives.com

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SaskTel Sent 30,000 Copyright Infringement Notices to Internet Customers

As it turns out that a lot of SaskTel customers are allegedly involved in internet piracy, the company, since January 2019, has sent out around 30,000 Copyright Infringement notifications to customers, who are accused of engaging in downloading or uploading copyrighted materials.

A spokesperson for SaskTel said that the number of notices the Crown tends to issue has remained steady in recent years. The spokesperson explained that receiving one of such notices doesn’t mean that the user is being sued by Hollywood studio. However, it can lead to a suit if the user continues with the activity causing infringement.

Although SaskTel doesn’t monitor the customers’ online activities, it is obligated under the Copyright Act of Canada to issue notices related to infringement on receiving communications from copyright owners.

Halifax-based lawyer David Fraser, who specializes in internet privacy and technology law, warned SaskTel customers by saying that they shouldn’t take the notices lightly. Mr. Fraser, during a recent telephonic interview, said that he would neither ignore it and nor laugh it off; rather, he would take it seriously. The lawyer continued and provided an example saying that if he were to receive a notice in his house or to discover that one of his kids was doing something like a violation, he would have a conversation with the kid as he wouldn’t want the thing to go further.

According to Mr. Fraser, copyright owners can track SaskTel users with the help of companies that possess the technology to detect the IP addresses that access copyrighted materials, like movies through peer-to-peer file-sharing software. Nonetheless, the copyright holders don’t get aware of the users’ names, and SaskTel wouldn’t provide that information to anyone unless a court orders it to do so.

Fraser then said that Hollywood studios have sued around thousands of individuals in Canada for piracy. While representing Canadian residents against whom the lawsuits for copyright infringement have been filed by the studios, Mr. Fraser revealed that these lawsuits often fall within the range of $5,000.

Companies usually provide individuals with several notices before deciding to sue them for copyright infringement. If you receive one or two notices, then there’re possibilities that you could be sued in case you continue doing the same thing as you were doing it before. Moreover, once you get sued, you will be sued again and again. You cannot ignore it, as if you do so, then the studio gets a default judgment against you, said Fraser.

A default judgment takes place when a defendant fails to respond to summons or unable to appear in court. SaskTel said it received one court application asking for information about copyright infringement, but the data wasn’t available because the Crown stores the information only for six months. Pirating copyrighted material is in infringement of the Crown agency’s Internet use policy.

According to this policy, customers should not upload, transmit, publish, or reproduce literary work, software, or other material, which is protected by any Intellectual Property (IP) right without obtaining the prior written permission of the copyright holder.

SaskTel, at last, said getting a copyright infringement notice doesn’t affect the customers’ internet access, but the continuation in piracy-related activities can result in the suspension of service. For more visit: https://www.trademarkmaldives.com

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An Overview of Intellectual Property Protection in Maldives

In the past few years, Maldives has seen good economic growth in many areas, including tourism, trade, fisheries, construction, etc. It shows that the market possesses sufficient talent and will require the government to promulgate a law or some provisions to safeguard the interests of the people as well as the nation at large. It is believed that this will contribute to the economic growth of the country by promoting international trade and commerce. Once the expected legislation has been put in practice, the local talent can look for and enjoy the protection for their rights in products and services they are marketing or want to market. They will be able to ensure that no counterfeit goods are being sold in the market, along with to make a distinction amid products and services available in the market. There would also be increased employment opportunities. In any field, hence, Intellectual Property Rights (IPRs) need to be protected not only for profiting local talents but also to benefit others like consumers. It is, therefore, essential that an Intellectual Property Law should be enacted in regards to the same. However, Maldives has no law that has been enacted in terms of IPRs. To circumvent this, a concept of sufficient Trademark Protection has been provided by way of obtaining public recognition through cautionary notices.

Some Vital Laws, Acts, and Rights Used in Maldives

In Maldives, any legal dispute is settled under Common law. An IP Unit, which was established by the Ministry of Economic Development in 2007, has been working to educate the masses about several aspects of IPRs. The Copyright and Related Rights Act was passed in October 2010 but became operative in April 2011. Apart from the cautionary notices, the Ministry strives for enacting legislation on Geographical Indication Law, Industrial Property Right, and Trademark Law of Maldives. The nation also benefits from the World Trade Organization that provides legal protection under the Trade-Related Aspects of Intellectual Property Rights, i.e., the TRIPS agreement.

IP Protection in Maldives

Considering the remarkable rise in applications for Copyright Registration of eligible works, it is worthy to say that there has been a high demand for Copyright Protection in Maldives. The industrial property rights, which aim to secure inventions that do not cover patentability, are also vital. Trademarks and Servicemarks also play a crucial role in regards to IP Protection in Maldives.

The protection of Intellectual Property in Maldives, in general, is sought by the publication of cautionary notices in journals or newspapers.  These notices act as a warning to third parties against the use of marks that can lead to infringement. The notice does not just suggest whether it is related to a trademark, patent, or copyright, but also provide details of the proprietor. Such notices can be published for individual classes or multiple classes, and the time set for acquiring protection under this notice is around 3 to 4 weeks. Although the publication fee can vary depending on the length of the notice, the NICE classification of goods and services would apply to all.

Conclusion

Maldives, due to its economy and population, appears as a small market. However, its trade sector is undoubtedly well regulated, but the legislation on IPR should be enacted to facilitate free and fair trade of goods and services in the market. Besides, Maldives should also become a member of some relevant International treaties such as Madrid Agreement and Protocol for Registration of International Trademarks, Berne Convention for protection of literary and artistic works, etc. The nation can also be a member of the Hague Agreement for International Registration for Industrial Designs and the Lisbon Agreement for the protection of appellations of origin. With the significant role of Foreign Direct Investment in Maldives in addition to several countries possessing a direct entry into the market, the nation’s economy has been observing a substantial growth. It has further created noticeable employment opportunities. Hence, we can conclude that to aid economic growth and competitiveness in the market, IP Rights and Laws need to be in place, no matter whether it is Maldives or any other nation. For more visit: https://www.trademarkmaldives.com

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5 Essential Things Photographers Must Know About Copyright

Have you taken a photograph? Then under Copyright Law of many countries, you own the copyright to that photo. This law is something that affects not just photographers but also those who want to use photos taken or created by someone else. With the ease of taking and sharing images, the concerns related to their unauthorized use have increased much. Hence, comprehending legal rights associated with the photographers and their photographs is more crucial than ever. Let’s have a look at five vital things everyone should know about copyright in photographs.

  1. Copyright is Automatic

If you take a photo, then you automatically become its owner according to the provisions provided in the copyright law of the US and several other nations. As it is automatic and immediate, you needn’t file or publish anything to establish or own your copyright. However, going for Copyright Registration of your photograph is recommended due to several reasons, but it’s not mandatory.

  1. Use of the Copyright Symbol Isn’t Mandatory

Using the copyright symbol on your images at the time you publish them is a good idea. It is a reminder to the viewers that the specific image is protected as your copyright. In other words, it’s a smart step to secure your work from being infringed by those who mistakenly believe that photos without a copyright symbol are available for free use. However, the copyright law of most countries is clear that using the copyright symbol isn’t required to protect your photos. The law states that one’s images belong to him/ her regardless of whether he/ she put the symbol when publishing them or not.

  1. Registering Your Photos With Relevant Copyright Office Offers Additional Protection

Registering your photo with Copyright Office bestows you with extra protection in the Copyright Infringement case. It limits your case to actual damages, i.e., the amount of money that the violation costs you as opposed to statutory damages, i.e., damages valued by the law based on the type of infringement. Since the actual damages are often very difficult to prove and can be very limited in some cases, the ability to obtain statutory damages is a remarkable reason to register your copyright whenever you come up with new and useful work.

  1. It’s Possible to Allow Others to Use Your Photo Without Giving Up the Copyright

You, as a copyright owner, possess the right to license your photo to another party. Copyright licensing refers to a way of permitting someone to use your photo without affecting its ownership. Copyright License Agreements can vary based on the control over the image you want to grant to others. You can grant the right to use your photo for specific purposes for a specific time or broad usage. Besides how you plan to license your photo, you can allow the party to use the same without giving up your ownership. Hence, if someone asks for permission to use your photo, ensure understanding what rights you are granting, along with whether those rights relate to licensed use or copyright.

  1. Use of Photos Doesn’t Always Mean Infringement of Owner’s Copyright

Although the law provides the owner with exclusive rights to reproduce, display, share and distribute his/ her work, there are a few legal provisions under which someone can use a copyrighted photo even without obtaining permission from the original owner. For instance, quoting a portion of any written work or sharing a photo for purposes like educational, reporting, legislative, etc., can be allowed under ‘fair use.’ Nevertheless, fair use is limited in scope, and therefore, most cases where someone uses your work without your consent result in copyright infringement. So, be careful.

As photographers, it’s essential for us to at least have a basic understanding of the Copyright Protection and rights we can enjoy under the law of the respective nation. For further information and questions/ answers related to copyright law, protection, registration, or more, you are recommended to find a good Intellectual Property Attorney. You can also look for a deft Intellectual Property Law Firm as such companies will provide you with the best possible information. These can assist you with almost every concern, from the Copyright Registration Process to the fee required to register your photo and even how to secure other Intellectual property (IP) assets. For more visit: https://www.trademarkmaldives.com

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Tech Industry Urges SCOTUS To Reverse Verdict in Google v. Oracle Copyright Battle

A group of technology organizations and companies have recently come forth with support for Google in its Copyright Infringement battle against Oracle. The group, including Mozilla, Medium, Reddit, Cloudera, along with others, filed a joint “friend of the court” brief in which they urged the Supreme Court of the United States (SCOTUS) to reverse a Federal Circuit Court’s verdict that Google infringed on Oracle’s copyright to Java API code in its Android Operating system.

The Google v. Oracle fight dates back over a decade, with a core concern being whether Copyright Laws bar the common practice of software reimplementation, the process of developing new software to carry out certain functions of a legacy product. However, with the US Court of Appeals for the Federal Circuit decision stating that the functional elements of application programming interfaces (APIs) are subject to copyright, Oracle won the most recent iteration of the fight.

The brief stated that ‘innovation and competition’ is the engine of the healthy internet, and software development is the field that fuels it. For the past many years, the software engineers have been relied on reimplementation, emphasizing reuse of functional protocols like the software interfaces to create competitive alternatives to incumbent industry players and develop new software without fear of copyright infringement.

The companies argued that the federal court’s decision against Google stifled decades of industry practice and upended the established expectations of developers, investors, and consumers. They urged the SCOTUS to reverse the lower court’s finding and allow Java APIs to be free from copyright or at least be accessible for fair use.

Abigail Phillips, head of the Mozilla Foundation’s legal department, said that the brief made its argument from the perspective of not just small and medium companies but even open-source tech organizations. She wrote that the consequences of the Court’s ruling in favor of Oracle are especially dire for small software developers who are already suffering due to their size and relatively limited resources. Hence, the overall result will be worst, i.e., the future would see fewer innovations from small and medium companies, along with the reinforcement of the positions of large enterprises in the tech industry. The future, as a result of this decision, would also experience a decline in incentive among big companies to improve their products and services.

At last, the brief stated – the tech industry believes that a healthy internet relies on the Supreme Court (SC) reversing the Federal Circuit Court’s decision and reaffirming the current status of play for software development, where copyright doesn’t stand in the path of software developers reusing SSOs (structure, sequence, and organization) for API packages in socially, technologically, and economically beneficial ways.

Besides this recently filed brief, an application requesting SCOTUS to reconsider the earlier judgment of the U.S. Court of Appeals for the Federal Circuit had been filed by Google as well. However, the final showdown amid Google and Oracle is set to take place in March. For more visit: https://www.trademarkmaldives.com

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What to do to Avoid Being Targeted by Copyright Trolls?

The industries, especially apparel in the present era is being hit by an unpleasantly hot trend that leaves several retailers, apparel manufacturers, etc., in a situation where they find themselves trapped in Copyright Infringement cases made by copyright trolls. These are the entities that go after the companies or entrepreneurs by opportunistically enforcing their copyrights to make money in litigation. They employ the strategies that make it difficult for people to defend against infringement claims. In general, their strategies include the following steps:

  • First of all, they amass vast libraries or stockpiles of copyrights on an array of fabric prints, even which they may not be producing or licensing for paid distribution.
  • After that, they send out shoppers to find merchandise made of fabric that’s identical or similar to their copyrighted fabrics.

Indeed, even the basic fabric prints, including floral, paisley, geometric, and more, can be subject to infringement lawsuits. Once the copyright trolls find something, they retain Intellectual Property Law Firms to send numerous cease and desist letters and to file lawsuits. Since the litigation is risky and expensive, most companies prefer settling them outside the court rather than fighting in front of the judiciary.

For a company, which is continuously adding to its fabrics already including many, legally clearing every suit is not practical and can eat up a lot of its money and time. Hence, apparel-related businesses need to find how to avoid copyright infringement claims by copyright trolls. Besides, they also need to look for what to do to mitigate the damage if a claim is made.

Although the perfect protection is to sell only solid fabrics produced by designing your patterns, which certainly is not realistic, you can still take a few other measures to protect yourself. Some of the steps you can follow to stay safe against copyright trolls are as follows:

  • Begin by asking your textile supplier if his/her company possesses an appropriate Copyright Registration for the pattern/ design being considered to be used in your products. You can ask for evidence of the ‘original work’ authorship. In case the supplier has purchased the pattern or design to be sold to you from any third-party, you must demand a statement stating that the original copyright is being transferred to you.
  • Obtain a clear indemnification clause and shifts the burden and damages to the supplier in the event of copyright infringement lawsuits. It is a contract under which one party (supplier) commits to compensate the other for any harm arises out of the contract. The promise, by the suppliers to cover your losses if they do something that makes any third-party to sue you, should be in writing.
  • Since the policies related to copyright infringement insurance are expensive, people often ignore purchasing their own insurance. You may also be thinking to do so, but note that it is a very small cost to protect yourself and your customers from issues, like infringements, confusions, and monetary losses due to them.
  • Prefer using ‘public domain designs.’ These are the designs available without issues of copyright ownership. There are various facilities that maintain libraries consisting of thousands or more prints, which exist in nature or are already in the public domain. You can pick and use any design from these reference materials. Although you cannot copyright that design, still it will keep you out of the courtroom.
  • Last but not least, if you are not satisfied with the supplier’s response to your inquiries, then it will be in your best interest to avoid buying the pattern or design from him/ her.

Conclusion

Whether manufacturers or retailers, legitimate companies are in the business of creating products their customers will enjoy and appreciate. On the other hand, copyright trolls are in the business of targeting these legitimate companies, and thus, finding opportunities to file copyright infringement claims and seek monetary settlements. As these types of attacks are difficult to defend against, apparel companies need to be prepared for the circumstances when copyright trolls inevitably rear their ugly heads. Hopefully, the information provided in this blog will prove helpful in preventing you from being targeted by copyright trolls. However, if you still have doubts regarding anything or face any issue, you are advised to have a discussion with an experienced IP attorney. For more visit: https://www.trademarkmaldives.com

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Kanye West Seeks to Fight Against Ultralight Beam Copyright Lawsuit

Rapper Kanye West and Universal Music are seeking to battle against the copyright lawsuit filed earlier this year over the use of a clip at the start of his 2016 track ‘Ultralight Beam’.

According to an Instagram video, this song that was recorded for West’s album titled ‘The Life of Pablo’ includes the voice of a young girl in prayer. The video was uploaded by the girl’s mother in early 2016.

Sounds a bit interesting, West claimed that he received verbal approval to use the clip in his song from the child’s mother – Alice T Johnson. Nevertheless, in the Copyright Infringement lawsuit filed back in February, the girl’s adoptive parents – Andrew and Shirley Green, who adopted the girl in 2012 – argued that the agreement in connection with the use of the clip having girl’s voice had to be with them. It is because, at the time when the clip was recorded, Johnson was no longer legally the girl’s mother, and thus, didn’t possesses the authority to allow the girl’s voice to be used in the song.

The Greens further contended that even if Johnson provided approval, the lawsuit should continue as conversations amid her and West were only verbal. Meanwhile, Kanye neither finalized any written agreement with either Johnson or the Greens, nor he ever paid a fee for using the clip in his song.

To prevent the rapper from statutory or other relevant damages, his legal representatives have attempted to limit the copyright infringement lawsuit in several ways. Their response filed with the court deals with numerous elements of the case. For instance, firstly, West’s lawyers said that the Greens had not registered the original recording of the clip with the U.S. Copyright Office at the time when Ultralight Beam was recorded. Hence, they are not entitled to either attorney fees or statutory damages. Indeed, if the representatives succeed in arguing this, then there are possibilities that the damages owed to the Greens could reduce greatly.

Elsewhere West legal team seeks to remove an additional plaintiff, Andreia Green, from the lawsuit entirely. She is a relative of the child, and her adult voice, in addition to the girl, is also heard in the recording sampled by West. However, team West insisted that because Andreia Green is not listed as a co-owner of the recording in the Copyright Registration with the US Copyright Office, she has no standing in this case.

This is how West and his legal team responded so far in regard to the Ultralight Beam lawsuit. Nevertheless, for the final settlement, it now remains to be seen how the court and the Greens respond to West’s motion. For more visit: https://www.trademarkmaldives.com

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DMCA (Digital Millennium Copyright Act): Everything You Need to Know

Since the internet began, people have uploaded and published over a trillion gigabytes of digital content that includes music, games, movies, and much more. The rapid advancements in the digital age and the internet have undoubtedly served content creators and publishers with lots of opportunities to make profits and revenue but along with challenges such as violation of their data online. Indeed, Copyright Infringement is one of the biggest challenges that the digital world faces in the present era. To stop the continuous increase in widespread unlawful access to copyrighted materials observed in the 1990s, the US government put a step and came up with a law called the Digital Millennium Copyright Act. Abbreviated as DMCA, this law is a result of the teamwork of legislators, media firms, and consumer lawyers, and enacted by the US Congress and signed by President Bill Clinton in 1998. The law was made on request of many organizations requested for a legal process by which holder of Copyright Website, content, or image could assert their rights to prevent the illegal use of their media. Apart from providing the copyright holders with these facilities, DMCA aims to maintain a balance between the interests of original owners and those who want to purchase the copyrighted materials. It also takes care of penalties to be put on offenders who intentionally violate any Intellectual Property (IP).

DMCA Takedown Notice

Resting as the main component of DMCA law, DMCA takedown notice is an official notification to inform the firm, search engine, web host, or internet service provider (ISP) that they are using copyrighted material. As, in the legal sense, such use is unlawful and leads to copyright infringement, the site or company who receives this notice should immediately take down the specific material. In case they avoid doing so, the ISP could forcefully remove the copyrighted content. You can send the DMCA notice or request for the following types of copyright content:

  • Videos,
  • Digital software,
  • Artwork, images, photos,
  • Posts on your official websites,
  • Songs, music, and almost every kind of audio files,
  • Written texts, including books, poetry, articles, blogs, etc.

Registration of Work Isn’t Necessary

When it comes to write or send a DMCA notice, it is not mandatory to register your work. Any unique content becomes its owner’s IP as soon as he/she creates it. And, as the original owner holds the copyright to it from the moment of its creation, he/she can send a DMCA notice in regards to it without bothering about Copyright Registration. DMCA takedown request is one of the politest ways to prevent infringement of any unregistered material, but don’t forget that if you want to go for a copyright infringement lawsuit, then it is essential to register your content with the copyright office.

Procedure to Create DMCA Notice

As per the law, there is no official DMCA takedown notice form or template that copyright owners are needed to use. However, to make the requests valid, each plaintiff (sender of the notice) must consider including certain specifications. Besides providing info that showcases the copyright infringement, the notice should include:

  • All the details related to the content that’s being infringed
  • A statement that the sender has a good faith that the party on the receiving end has infringed his/her content
  • A statement that under penalty of perjury, every detail provided in the takedown notice is precise
  • Sender’s contact information
  • Sender’s physical or electronic signature

Don’t Worry If You Receive a DMCA Takedown Notice

Considering the legal standing, receiving a DMCA takedown notice undoubtedly sounds a bit scary, but being worried or scared is not at all a solution. What you should do in such cases is first of all calm down and be honest to yourself. After that, think whether or not you infringed the copyrighted material intentionally. Usually, there are high possibilities that you didn’t steal or post the content intentionally. Nevertheless, if you find yourself guilty of infringing the material, then rectifying your mistake will be the best solution. Be quick to locate and take down the violated content as soon as you could. In some cases where you host multiple websites with various people posting and sharing content, there are probabilities that you receive the notice as the next logical person to contact while the infringement was committed by any of those people. Other likelihoods could be that you are using the copyrighted content cautiously within the boundaries of Fair Use. If that’s so, then contact the sender of the notice and share the details of how you used his/her content. It will help you in sorting the issue with ease.

Conclusion

Nowadays, when powerful tools like DMCA are here to help you fight back the infringers, there is no need to stand like helpless in situations when they steal or use your copyrighted content. When these tools have been designed to serve you, then why not utilize them and extract the benefits that you deserve. From today onwards, be active and understand the rights you hold over your copyrighted content and ways to utilize them in the best possible manner. In the case of any query, feel free to contact an experienced IP Attorney. You can also contact an Intellectual Property Law Firm with good experience in rendering services related to the IP industry. For more visit: https://www.trademarkmaldives.com

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How to Protect Mobile Apps against Intellectual Property Theft?

The speed with which enterprises across different sectors and industries are undergoing digital transformations has left the majority struggling for the protection of their data and Intellectual Property (IP). The reports showing tremendous losses due to theft and duplication of mobile apps worldwide each year clarifies that only firewalls are no longer sufficient to protect these assets. As more and more companies adopt the use of mobile devices and applications, the threats extend far beyond the traditional concepts. With the estimation that 80% of tasks would be going to take place through mobile apps by 2020, securing them must be the top priority for their developers. Businesses should realize that if a mobile app can make them; it can also break them in case the innovative and valuable source code gets stolen. It is because mobile apps are inherently vulnerable to hacking, copying, and more. To understand this phenomenon and learn how to protect your mobile applications against the growing threat of IP theft, read further.

What is IP Theft in Regards to Mobile Apps?

Intellectual property refers to a category of valuable assets that includes intangible creations of human intellect. In general, types of IP vary from country to country; however, some most common ones are copyrights, trademarks, trade secrets, and patents. Digital IP encompasses algorithms and source codes, while mobile IP theft involves piracy and cloning of whole or parts of mobile apps.

Why and How Should You Protect your Mobile Apps?

Designed to bring a multitude of services at the users’ fingertips, mobile apps’ flexibilities and portabilities make them attractive to not just users but infringers as well. Hence, it is as imperative to fully preserve your app’s functionality as it is to protect the app itself. Well, mobile application protection software is an excellent tool to safeguard your app. By mutually reinforcing multiple layers of non-stop protection integrated into your app’s code, it can defend your app’s integrity and buzz off security threats while optimizing app performance. Nonetheless, relying on application protection software alone may not be sufficient in many cases, especially when the theft of unique code or app can result in reputational losses. Therefore, in addition to mobile application protection software, you must emphasize protecting your apps with patents, trademarks, copyrights, or other relevant Intellectual Property Rights (IPRs). For instance, copyright registration can prevent copycats from copying your app codes or user interface (UI) elements. Besides, if you want to safeguard your apps’ artistic aspects like images, sound, videos, etc., then also Copyright Protection is the best tool.

Filing a Patent Application is another significant way to reinforce the protection of your mobile app. Although, in general, the technological arrangement of mobile apps and the way how they communicate with other mobile apps/devices and servers are patentable, the patentability criteria still vary from country to country. Hence, to avoid any delay or monetary loss due to the rejection of your patent application, you must always proceed after ensuring if your app is eligible to obtain Patent Protection. A knowledgeable Patent Attorney can assist you in checking whether your app suffices the patentability criteria or not, learning How to Apply for a Patent without committing any mistake, and more.

The name and logo that make the viewer identify and distinguish your mobile app from others are crucial assets, and no one except you should make profits from these. Trademarks are the IPRs that have been intended to safeguard one’s identity by preventing others from using the same or similar name or mark, which may create confusion. A Registered Trademark will also increase your mobile apps’ credibility, and thus serve you with more users. Hence, you should never miss out on the opportunity of securing your app’s name and logo under Trademark Protection.  

Conclusion

Undoubtedly, ensuring comprehensive protection of your mobile application against IP theft is not only arduous but appears impossible in some cases. However, if used together, the above-mentioned mobile application protection software and Intellectual Property Protection tools will never let you down due to the theft or misuse of your app. So, whether you are coming up with a new app or revamping an already existing one, it is always advisable to devise an appropriate strategy by combining these two protection shields. Don’t forget that it is the aptest way to make benefits from your mobile app without any concern in today’s era, where such applications are a part of continuously changing and fast-moving technology. For more visit: https://www.trademarkmaldives.com

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