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Can I copy information on a website?

Website Information Duplication Computer Law Intellectual Property

Can I copy information on a website?

Yes, but within limits. So long as the copy that you are making is for personal use, and you do not further distribute the material, and you make no “for-profit” use of the material, then you are in a safe haven under federal copyright law. HOWEVER, Congress has just passed a law which makes duplicating sound and visual recordings this way illegal. The record industry and the Video industry are anxious to protect their products. There is a good chance this will be challenged in the courts.

Some of the decisions have gone pretty far in finding copyright infringements in cases of what might more traditionally have been deemed free speech. For example, in one case critics of a Church made available on their web site certain publications of the Church. The Church sued for copyright infringement and won some limited victories because it was held that the website publisher might have profited from his site in some way and therefore derivatively from posting the Church materials.

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Prempro Injuries: How an Attorney Can Help

Prempro Injuries How An Attorney Can Help Drug Toxic Chemicals

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Prempro Injuries: How an Attorney Can Help

Thousands of women have been injured or died after using Prempro, the combination therapy drug marketed by Wyeth Pharmaceuticals that has been linked to breast cancer. Deciding whether to initiate an action against the company, while strictly an individual decision, is an area where a qualified attorney can truly help.View All Prempro Articles

Important factors to consider
There are several important factors to consider when deciding whether to bring a lawsuit. In a recent interview, Bryan Aylstock, a Florida attorney whose firm protects the rights of consumers who are seriously injured due to defective drugs such as Prempro, explained what a potential plaintiff should consider.
Statute of limitations. There are statute of limitations issues and every day that someone waits to contact an attorney may be the last day that they had to bring their lawsuit. So, there’s a very good reason for them to do it quickly. If someone has taken these combination hormone replacement drugs and developed breast cancer, it’s imperative that they call an attorney immediately.
Discovery rule. Most states have what’s called the Discovery Rule with regard to their statute of limitations. That provides a period of time for an individual to discover the causal connection between their disease and what caused it. For example, if it took a reasonable person three or four years to be diagnosed and make the connection between their diagnosis of breast cancer and their use of hormone replacement drugs, that period of time would be added to the statute of limitations. So, generally speaking, the statute of limitations is certainly a defense that Wyeth raises, but it’s one that we think we can overcome given their continued denials of the causal connection.
Public policy. Public policy dictates that drug companies who hurt people, and are at fault for it, should be held accountable. Our FDA [Food and Drug Administration] is not equipped to hold drug companies accountable for their wrongful actions. If folks don’t stand up for themselves, and the lawyers representing those folks don’t stand up for them, nobody’s going to be watching these drug companies to make sure they are held accountable.
Contacting an attorney
Consulting with an attorney doesn’t necessarily mean filing a lawsuit, according to Aylstock, who told us, “Anyone can absolutely contact me and there’s no cost or fee to do so. We would certainly do what we could to assist anybody who called and help them through the process. With most attorneys in this arena, it’s understood that people don’t have money to pay us by the hour, so we engage in contingency-fee contracts which provide that only if we are able to make a recovery do the people that we represent have to pay us.”
If you or a loved one has been injured due to the use of Prempro, contact an attorney to discuss your situation. The consultation is free, without obligation and strictly confidential. To contact a qualified attorney whose practice focuses in this area of the law, please click here.
Suffered harm from Prempro? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.

Web Site Owners: Ignore Copyright Issues At Your Peril

Web Site Owners And Copyright Issues Computer Law Intellectual Property

Web Site Owners: Ignore Copyright Issues At Your Peril

When you have used somebody else’s words on your Web site or have copied someone else’s images without getting permission to do so, there’s always the danger that you have infringed the copyright protection laws. You must be very careful to ensure that the person whose material you are using knows that you have posted it and that you obtain explicit permissions from them when necessary. Even if you think nobody will ever look at your Web site, once it is live, anyone can go there-including those whose work you may be showing. Failing to understand the basics of posting content online could put you on the wrong side of a copyright infringement lawsuit, which is not where anyone wants to be.
What is copyright law?
Copyright law protects the rights of authors of “original” works, both published and unpublished. It safeguards the “form of expression” rather than the subject matter and includes books, music, artistic endeavors and other intellectual works within its gambit. The law does not stop you from describing the content of other works, so long as you do so in your own words.
Documents, Images, and Photographs
Documents on the World Wide Web are copyrighted material in just the same way as they are in magazines, newspapers and other print publications. It may be perfectly appropriate to quote a few lines from another publication so long as you give the source. On the other hand, to take large chunks of text from another author’s book is not so acceptable. The safest way to ensure you are not infringing copyright is to ask the original author’s permission to reproduce the work before you do anything.
Web designers will sometimes “steal” an image from another Web site believing the way they’ve revised it is different enough to make the source unrecognizable. But no matter how you slice it, this image is now a “derivative work” and using it will expose you and your business to liability issues. The bottom line is you cannot use someone else’s protected image as a base for your own without first obtaining their permission.
If you are found out and the image has been registered with the U.S. Copyright Office, you would be liable for at least a minimum amount of statutory damages, which could be substantial depending on how you used the material. If the image was not registered, you would be liable for actual damages which will probably be nominal, although you could still end up having to pay attorney fees if you are forced to defend the case.
There are multiple photo bank sites that license photos. Some Internet sites provide free use of images when you agree to give credit to the author and/or a link back to his or her Web site. Even with those sites, however, you run the risk that the images were used without the owner’s permission. The fact that people publicly post photos on these sites for others to see does not put those images in the public domain. Using photos from popular sites like Flickr.com or Multiply.com without permission can also lead to liability.
Fair Use Doctrine
Fair use allows the reproduction of a limited use of copyrighted material without requiring permission from the rights holders. There are specific factors, however, to consider when determining if fair use applies, and in most cases it does not. Moreover, the exact rules for fair use are vague. For example, when you put copyrighted material on your site you can be sued for damages for either personal or commercial use. The fact that your Web site is not commercial will likely reduce the damages awarded against you under the fair law doctrine, but it will not necessarily absolve you of the violation.
Trademark versus Copyright Law
Some people also confuse trademark and copyright law. Although part of the onus lies with the trademark owner to protect or “police” the use of his or her company logo, for example, there is no similar “you snooze, you lose” policy regarding copyright protection. Even if the copyright holder knows you are using the protected work, he or she can come after you years later, unless you have already obtained permission to use the material.
Three Issues At Play
First, the person whose site the image or content is on may not be the copyright holder or have permission to use the material. Except for specific exceptions, the person that created the image or content owns the copyright. If the owner of the Web site does not own the rights, you should find out who does and get their permission in writing.
Second, just because the Web site owner has permission to use the material doesn’t mean that he or she can grant you permission. You should always get your own written permission from the copyright owner.
Third, other intellectual property issues may arise, for instance, the subject of the image or the document, (if a person) may object to your use of it without a release, or the image may include other protected content, such as a painting.
Basically, you should follow the same rules on the Web as if you were going to publish the material in a printed publication. Just because something is online, doesn’t mean it is automatically in the public domain. Yes, you can read Web content to your heart’s delight and you can even Xerox other people’s images and photographs for your own personal use, but once you start thinking about including any of it on your own site, you’d be wise to seek permission (in writing) from the copyright owner.

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Prempro Lawsuits, Litigation and Lawyers – What You Should Know

Prempro Lawsuit Drug Toxic Chemicals

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Prempro Lawsuits, Litigation and Lawyers – What You Should Know

Prempro is the top-selling drug for hormone replacement therapy (HRT or HT). Prempro, manufactured by Wyeth, is supposed to help alleviate some of the effects of menopause in postmenopausal women, such as to prevent osteoporosis or loss of bone density. Prempro was the drug used in the 2002 National Institute of Health study. That study concluded the risks of life-threatening Pempro side effects outweighed any benefits.
View All Prempro Articles

Suffered harm from Prempro? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.

After the 2002 study was published in the July 2002 issue of JAMA, the American Medical Association’s journal, hundreds of lawsuits were filed to recover damages for injuries suffered by women who had taken Prempro.

For example, three women in Boston filed Prempro litigation. Two of them have developed blood clots after several years on HRT therapy with Prempro and the third has developed breast cancer. The Prempro attorney for these three women argues that Prempro was unreasonably dangerous for long-term use and that the defendants, including Wyeth, promoted the drug therapy without doing necessary long-term clinical trials to find out if the therapy was safe enough to go on the market.

Prempro lawsuits claim that Wyeth did not do adequate safety testing, and promoted the drug without knowing if it was safe. Wyeth is also accused of withholding information about dangerous side effects from the public, placing the users of Prempro at deadly risk.

At least two Prempro class action lawsuits have been filed, but neither Prempro class action has been successful in getting class action certification. Certification was denied in an Arkansas federal court in 2005 and a suit in Florida state court was denied certification by an appeals court in February 2006. These ruling have no effect on individual Prempro lawsuits. They only mean that individuals who have been damaged have to bring their own lawsuits.

Check out the following articles for more information about Prempro, filing a Prempro lawsuit and finding a Prempro attorney:

For more information about Prempro, see Drug Overview: Prempro Side Effects and Claims
For more information about Prempro side effects, see Prempro Side Effects, Breast Cancer, Heart Attacks & Strokes
To find out more about the FDA warning, see Prempro Side Effects and Risks
For more information about Prempro updates, see Prempro Information and Warnings
To learn more about Prempro attorneys and how to find one, see Hiring a Prempro Attorney and Lawyer

Suffered harm from Prempro? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.

How is broadcast television and radio regulated?

Television Regulated Radio Communications Law Intellectual Property

How is broadcast television and radio regulated?

In order to broadcast radio or TV signals within the United States, it is necessary to first obtain a license from the Federal Communications Commission (FCC). Although there are some exceptions for very low power radio transmitters, such as those in CB radios and walkie-talkies, transmitters whose signal can travel distances (even “ham” radio) must be licensed and comply with FCC rules. Full power television and radio stations also must receive licenses from the FCC.

Because radio frequencies can travel long distances, particularly at night, they are licensed according to geography and common ownership rules. The FCC has specific rules preventing stations from interfering with the signals of other stations. For example. if there is one station broadcasting at 880 on the AM dial from New York, no other station within over a 1,000 or more miles can use that frequency. As available spectrum is limited, only a limited number of licenses can be issued. As a result, broadcast licenses have huge value, particularly in major metropolitan markets such as New York, Los Angeles, Chicago, Philadelphia, San Francisco, Dallas/Ft. Worth, Houston, Atlanta, and Washington/Baltimore.

Additionally, to encourage a diversity of viewpoints by media sources, the FCC limits entities from acquiring more than a certain number of stations nationally, or in each market. These broadcast limits were relaxed by the Telecommunications Act of 1996, and that has stoked broadcast mergers and acquisitions.

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What types of damages are available in a case involving an injury caused by Paxil?

Paxil Injury Damages Drug Toxic Chemicals

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What types of damages are available in a case involving an injury caused by Paxil?

There are two types of cases that can arise as a result of using Paxil – either a personal injury case, brought by someone who was injured by the drug (for example, through a birth defect, failed suicide attempt, or an inability to stop using the drug), or a wrongful death suit, brought by the family of someone who either committed suicide or was the victim of a homicide that is linked to the use of Paxil. The damages available in these types of cases are similar to the types of damages available in any personal injury or wrongful death case.

The concept behind damages in a lawsuit, whether decided by a jury or by settlement, is to try to put the victim in the same position he or she would have been without the injury or death. Therefore, damages that reimburse the victim or his or her family for medical expenses, burial expenses, loss of work, or any other out-of-pocket type expenses are awarded. As a practical matter, this means collecting and documenting your lost income, your medical expenses (i.e., ER care, hospital, doctor, laboratory, diagnostic tests, therapy, etc.), travel expenses, and burial expenses.

There are other types of damages available as well, although they are not as easy to put an actual number on because of their nature. Damages for things such as pain and suffering, loss of economic opportunity, loss of benefits, loss of enjoyment of life, and loss of companionship (in a suit brought by a spouse) are some of the damages that your attorney will include in any settlement discussions or argument to the jury. While it is difficult to put an objective measurement, such as a dollar figure, on a subjective complaint, such as pain and suffering or loss of enjoyment of life, the courts, attorneys, and insurance adjusters all have a great deal of experience in working with these concepts. (See also our section on pain and suffering.) Depending on where your case is brought, there will probably be other similar cases that your attorney and the other side will rely on as a starting point for these damages.

A third type of damages that may be available is punitive damages, which would be used in these cases to punish GlaxoSmithKline for continuing to promote Paxil for use by children and adolescents, for not acknowledging the severe withdrawal symptoms, and for not sufficiently warning about the increased suicidal and homicidal tendencies caused by the drug. The question here will be whether GlaxoSmithKline acted so negligently that it should be punished for improper warnings and promotions. However, punitive damages are not allowed in every state and it can be very difficult to prove that your case deserves punitive damages. Talk with your attorney to see if requesting punitive damages might be appropriate in your case.

You may read about settlements and jury verdicts in other cases involving Paxil. While these can be informative, remember that different people receive different settlement offers and jury verdicts based on many things: where the case is brought, what the particular facts of a case are, who the insurance adjusters are, your character and credibility; extent of the injury, objective evidence, and, to some extent, who the attorneys are. Therefore, you should not necessarily think that your case will receive the same type of settlement award as another case. Depending on your case, your settlement offer may be higher or lower. You will have to work with your attorney to decide whether a particular offer is suitable or not.

Online Sales: Protect Yourself

Online Sales Protect Yourself Intellectual Property Intellectual Property

Online Sales: Protect Yourself

Online shopping is known for its simplicity and variety, but buyer beware: internet shopping can be risky. Here’s what you need to know if you’re planning to buy or sell online.
Sellers: Make It Legal, Make It Foolproof
If you’re looking to sell your wares online, congratulations! You’ve chosen a quick, easy and effective way to reach customers around the world. But watch out: e-commerce has its pitfalls. First, it is your responsibility to make sure your product can legally be sold to your target markets. For example, state and federal laws limit the sale of some products, such as food and alcoholic beverages, to other states or countries. In addition, the sale of weapons and firearms is strictly regulated. It might seem like a no-brainer, but knowing whether you’re allowed to sell is the first step in a successful online transaction.
The next step: security, security, security. Chargebacks (disputed sales, usually involving a customer withdrawing their transaction via credit card) can be avoided by following some simple sales steps. Make sure your site has a comprehensive and fair privacy policy so that prospective buyers feel their information is safe. Secure-socket layer (SSL) technology encrypts credit card and sensitive personal information to protect customers’ identities and is a must when you sell online. Once you’ve protected your customers’ interests, protect your own: make sure your system has built-in IP address verification and customer-input verification codes. A bit of foresight and a lot of exact record-keeping will reduce the chance of chargebacks and allow you to make sure your customers come back for more.
Buyers: Beware! Internet Commerce Security Is Key
If you’ve found the perfect product online, pause before initiating your e-commerce transaction. A bit of common sense can protect your identity and your hard-earned money. There are several red flags you should look for when shopping online. These include businesses that have no reputation or contact information, companies with scanty or unfair privacy and return policies, and Web sites that don’t go to great lengths to protect your precious personal information. Insist on SSL technology when you shop online – companies like Verisign provide such services and have great conflict-resolution procedures for when transactions go bad.
Another red flag: websites that ask for too much information, like Social Security numbers or bank account information in addition to your credit card number. Speaking of credit cards, it’s a great idea to use them during online shopping whenever possible. The transaction will be easy to track and is also subject to the Fair Credit Billing Act and/or purchase protections from your bank or lender. Make sure to save all receipts in case there’s a dispute. Record-keeping is key when it comes to internet commerce!
If you feel you’ve been the victim of internet fraud or that a site has unfair or unprofessional business practices, don’t waste any time before contacting consumer groups, such as the Better Business Bureau, or local and federal law enforcement. Make sure you’ve documented your claim – and read all the fine print. Knowledge is power when it comes to buying online. Pay attention to detail, and online shopping will be a breeze.

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Web sites: Writing the Disclaimers and Copyright Notices

Writing Web Site Disclaimers Copyright Notices Intellectual Property Intellectual Property

Web sites: Writing the Disclaimers and Copyright Notices

Purpose of a Disclaimer
A disclaimer on a Web site is essential as it serves to protect and limit the Web site owner’s liability by outlining expectations and obligations a person will agree to before using the site. At its core, it removes any warranty for the information provided and gives notice that use of the site is at a person’s own risk.
One disclaimer serves the content for the entire site. Each page, however, should include a link to the disclaimer. Additionally, on pages that contain specialized information you may want to use an abbreviated disclaimer. For example, if you provide medical information you may include that you are not a doctor; the information should not be considered medical advice; the information may be out-of-date, inaccurate or incomplete; and suggest the user speak to a doctor.
Examples of What Might be Included in a Disclaimer Statement
Your disclaimer should be both explicit and broad. Here are some examples of wording that might be used in a disclaimer statement:
The material on the site is made available with the understanding that you are not engaged in providing professional advice.
Before relying on material on the site users should independently verify the accuracy, completeness and relevance for their purposes and obtain any appropriate professional advice.
The material may include opinions, recommendations or other content from third parties that do not necessarily reflect your views.
Links to other Web sites are included for the user’s convenience and do not constitute an endorsement of the material on those sites, or any associated product or service.
The listing of a person or company in any part of your site in no way implies any form of endorsement by you of products or services provided by that person or company. (This is particularly important when you are using reciprocal links and logos to improve Google.com rankings.)
Copyright Notice
In addition to the disclaimer, you must also have a copyright notice that complies with the Digital Millennium Copyright Act (DMCA). It should state that the Web site and its content are subject to the laws of the United States, that you own the copyright in the material on the site, and which third parties own the copyright to some materials on the site. You will also want to clarify your policy on allowing others to use the material on the site, what permissions are necessary, etc.
Infringement and Take Down Notices
Moreover, you need to include language from the DMCA regarding complaints of copyright infringement and take down notices. This language advises both parties in a dispute of the necessary steps that they must follow either to have material taken off the site or to defend against a copyright infringement claim. For Web sites that rely heavily on third-party content, such as YouTube.com and Facebook.com a more thorough copyright policy may be required. An intellectual property lawyer will be involved in drawing up the statements on their Web sites.
The Risk of Transmitting Information Across the Internet
A clause highlighting the inherent risks in sending sensitive materials to or through your site is also important. A further step would be to use a popup window that requires users to click that they understand the risk before sending the information.
Policing Content
If your site contains content aimed at a mature audience, always have a disclaimer appear before the user can enter the site along with an “over 18” click box. If you are concerned about users posting sensitive material to your site, then you may consider including an obscenity clause that warns visitors that inappropriate material will be removed and that abusers will be prevented from posting further content.
The more control over content that you exercise, the more responsibility you have to regulate. Online service providers (ISP) receive a safe harbor through the DMCA on the basis that they merely provide the space for users, that they cannot police every user’s postings and that they receive no revenue from the posted content. Google, Inc. has been successful to date walking that fine line. Companies such as Napster and Grokster, however, have learned at a great cost that there are limitations to what the DMCA can protect.
Google, You Tube and Viacom Creating the Law
Currently Viacom, Inc.’s lawsuit against YouTube, Inc., YouTube, LLC, and Google, Inc. is winding its way through the New York District Court. Viacom contends that YouTube’s users contributed pirated copyrighted works owned by Viacom to the site by the thousands, including television programs, motion pictures, music recordings, and other entertainment programs. Like the Napster and Grokster lawsuits that established rules for downloading copyrighted music, the Google, You Tube and Viacom battle is set to become a seminal case for online media and may eventually affect web owners’ abilities to avoid liability even with disclaimers on their Web sites.

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What is a Trade Secret?

Trade Secret Defintion Intellectual Property Intellectual Property

What is a Trade Secret?

In addition to patents, trademarks and copyrights, intellectual property may be protected by Trade Secret Law.

Trade Secrets can cover such things as ideas and know-how. A trade secret or know-how is a set of data or information that is generally not known in the industry which provides the user with an advantage over competitors. The formula for Coca-Cola is protected by Trade Secret Law, for example.

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