Whether embedding or framing violate the display right in §106(5) of the Copyright Act continues to divide the courts. The Ninth Circuit’s server test has been rejected by Brietbart and other district court cases and Instagram will no longer grants sublicenses to users who seek to embed content posted on its site. Whether internet sites will face liability for embedding going forward is increasingly likely. …Continue reading Does Embedding/Framing Violate the Display Right?
Here is an edited transcript of a talk I gave at my old firm, Tannenbaum Helpern, about drafting key provisions in an intellectual property license and suggestions about…Continue reading The Art of the Deal: How to Draft and Negotiate an IP Deal
Andrew, joined by his colleagues Mark Grossman and Don Prutzman, will speak at the firm on Thursday morning January 24, 2013, on the art of the deal: how to…Continue reading The Art of the Deal: Successfully Negotiating Intellectual Property and Technology Transactions
The oral argument in WNET et al. v. Aereo before the 2d Circuit panel of Judges Denny Chin and Christopher Droney and Eastern District Judge John Gleeson was long (more…Continue reading Oral Argument in the Second Circuit in Aereo Makes Predicting the Outcome Not for the Faint of Heart
Introduction by Andrew Berger I am pleased to host a guest blog post by Robert Kotch. Bob is an experienced management consultant and business executive with extensive background in…Continue reading Why Technology Projects Fail
Andrew will moderate a panel discussion at the ABA Litigation Section’s Annual Conference in D.C. The topic will be “Internet and Social Media in the Forefront: Current Hot Issues and…Continue reading Andrew to Moderate Internet Hot Topics Discussion at the ABA Litigation Section Annual Conference in D.C.
Below is the transcript of my January 26, 2012, webinar presentation sponsored by the International Executive Resources Group focusing on protecting intellectual property here and abroad from new forms of…Continue reading Protecting Your Intellectual Property in the U.S. and Abroad from New Forms of Online Infringement and Brand Attacks
Introduction by Andrew Berger Negotiating tech deals is a bit like trying to navigate through uncharted waters. There are no statutes or regulations to guide the voyage. Instead as…Continue reading Guest Blog Post by Mark Grossman: A How-To Guide for Negotiating Tech Deals
Web site design is big business but may also expose you and your graphic designer to big problems. If you choose the wrong domain name, post material on a…Continue reading Designing Your Web Site to Avoid Copyright and Trademark Problems, Published in Guild News, July/August 2000