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 […]

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 […]

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 […]

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, […]

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 […]