Insights

Copyright Zachary Moen Copyright Zachary Moen

Common Misconceptions About Fair Use in Copyright Law

Many people believe that their use of copyrighted material is “fair use” and not copyright infringement. However, a high percentage of those people later find out that their use was not covered by the fair use doctrine. The following are common misconceptions about when the fair use doctrine applies to use of copyrighted material.

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Copyright Zachary Moen Copyright Zachary Moen

Copyright 101: The Work for Hire Doctrine

Generally, ownership of copyright vests in the author of the work, a/k/a the person who created the work. One exception to this general rule is the “work for hire” doctrine, under which ownership of the copyright vests in the author’s employer or person for whom the author prepared the work. However, the work for hire doctrine is narrower than many people expect. The following is an overview of the work for hire doctrine and when it applies.

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Trademark Zachary Moen Trademark Zachary Moen

Is Your Trademark Distinctive Enough To Be Protected Under Federal Law?

The purpose of a trademark is to distinguish goods/services and their source from other goods/services in the marketplace. To further that purpose, federal courts have created a sliding scale under which the degree of protection a mark receives depends on its level of distinctiveness. The five categories, in order from least distinctive to most distinctive, are: (1) generic marks, (2) descriptive marks, (3) suggestive marks, (4) arbitrary marks, and (5) fanciful marks. Below is a brief description of each category and the level of protection a trademark that falls in that category receives under federal law.

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Zachary Moen Zachary Moen

Legal Rules for Social Media Influencer Marketing

Social media influencer marketing has become a mainstream and important marketing channel for brands to connect with consumers on social media platforms as well as a way for influencers to earn additional income. However, many influencers aren’t aware of the legal requirements that apply to their endorsements. Here is an overview of the basic legal rules for social medial influencers.

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