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Do Laws of Copyright Apply to the Internet?

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The short answer: yes. When in doubt, consider the matter to be under copyright and if you desire to use the work or portions of it, contact the copyright holder and request written permission. People often assume that internet material is free for the taking since getting to the material was free, i.e. you didn’t […]

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Maryland Copyright Lawyer: What Cannot Be Copyrighted?

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The list of items that we cannot copyright is long but I’ll list a few here that folks often think they can copyright but they cannot. Facts cannot be copyrighted. If you are writing a explanation of how people play the game of baseball you don’t need to get permission from Major League Baseball or […]

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Maryland Intellectual Property Attorney: “Fair Use” and Quoting Previously Published Poetry

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Permission is usually required if you use more than two lines of a poem. If the whole poem is only a few lines long, you may need permission to quote any of it. A fee may be required and you should inquire with the publisher and/or the poet. For a free, confidential conversation to discuss […]

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Baltimore Maryland Copyright Lawyer: Quoting a Published Book and “Fair Use” of Copyright Material

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Publishers require that you obtain permission if you are quoting text in excess of a maximum word count, this is typically anywhere between 100 and 1000 words depending on the publisher. You should contact the publisher for guidelines before using the quote. For a free, confidential conversation to discuss these and other copyright law matters, […]

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Maryland Intellectual Property Law Attorney: Best Defenses to Defamation Lawsuit

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Defamation is making a false statement about a living person such that the statement causes the person ridicule or scorn. Simply put, the best defense is having evidence to support the statement as reported. In other words, “show” that the fact reported is in-fact true. The second best defense, though not always successful, is to […]

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Maryland Copyright Law Attorney: When Does Formerly Copyrighted Material Become Part of The Public Domain?

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When a previously copyrighted material becomes part of the public domain, that work can be used without permission form the previous copyright owner. The following is a guide to help determine if material has become part of the public domain. 1. BEFORE 1923: All material published in the United States before 1923 is in the […]

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Maryland Copyright Law Lawyer: Can A Copyright Owner Obtain an Injunction to Stop Publication?

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Yes. Under federal law, the owner of a copyright that has been violated may seek an injunction to prevent further exploitation of the work. Along with an injunction, monetary damages and attorney fees can be awarded. For a confidential conversation to discuss these and other copyright law matters, contact Maryland copyright attorney Stephen J. Reichert […]

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Maryland Copyright Law Lawyer: Getting Permission to Use Copyrighted Material

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There are basic steps you should follow when seeking permission of copyrighted work. First, determine who owns the copyright. Second, see if the material is protected or if you need permission to use the material. Third, determine exactly what rights you need to use the material. Forth, contact the copyright owner and seek permission. Fifth, […]

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Maryland Copyright Law Attorney: Three Rules to Follow When Considering the “Fair Use” of Copyright Material

It is difficult to know for certain whether a court will consider a use of copyright to be “fair use.” The courts will consider the following in deciding this issue: 1. How much material was taken compared to the entire work of which the material was a part? The greater percentage of material taken, the […]

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