4ALL STATEWIDE LEGAL SERVICE DAY

I wanted to diverge from my usual IP topics this week to give a shout out to the men and women of the NC Bar.  On Friday, March 6th, the NC Bar Association organized a statewide service day from 7 a.m. to 7 p.m.  This was the 8th annual event in which attorneys from across the state answered phone calls from people needing legal advice who may otherwise be unable to obtain any due to cost.   I put in my 3 hour shift and answered over 30 calls.  The phones never stopped ringing.  

Sadly, accordingly to the News & Observer*, over 80% of people in this state that need legal advice and cannot afford, cannot get access to it.  There are too few legal aid attorneys or attorneys willing to donate their time pro bono to help those who need legal assistance but cannot afford it.

So for those attorneys and paralegals who helped out on the day-well done.  For those who were unable to make it-be there next year, or put in some pro bono time this year.  It is certainly needed. 

*N&O Article by Gene Nichol, 10/26/2013.

Smile-and don't write a bad review

How far will you go to ensure good online reviews?  One New York dentist went too far.  Stacy Makhnevich, a New York dentist, is on the losing end of a class action law suit filed on behalf of her patients.  The judge found that she had misused copyright law in an attempt to prevent the posting of any negative reviews on Yelp.

In her practice, Ms. Makhnevich forced patients to sign a contract in which she owned the copyright in any reviews they may write about her practice.  She would subsequently threaten to sue any patient who may post a review online.   

The judge found that the contracts were essentially a misuse of copyright law.  The judge stated that “the agreement’s assignments of copyrights, and the assertion of copyright claims by the dentist for the express purpose of preventing the dissemination of [the patient’s] commentary, …constitute copyright misuse.”  The court ruled in the patients’ favor.  The full case is Lee v. Makhnevich et al., case no. 1:11-cv-08665, U.S. District Court for the Southern District of New York. 

What’s the take away here?  Don’t try to control things you cannot.  If your business receives a negative review, deal with it specifically and try to ensure that it won’t be repeated.  Trying to exploit the copyright laws won’t help your case.

Understanding the scope and limitations of intellectual property law is critical to any organization.  Having the right person to help you make those decisions is important.  The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game.   The first telephone consultation is free.  Email us at klynch@kliplaw.com.

Fin to the Left

If anyone caught the halftime show at the Super Bowl this year, you may remember the dancing sharks that were a part of Katy Perry’s halftime show.  The sharks were an instant sensation, particularly the left shark who was seen dancing awkwardly behind Ms. Perry.  Now one businessman has tried to capitalize on that.

Fernando Sosa is in the 3D printing business.   Mr. Sosa makes and sells 3D printed sculptures typically of political figures.  After the Super Bowl, Mr. Sosa developed and offered for sale a replica “Left Shark” figure.  Attorneys for Katy Perry quickly fired off a cease and desist letter to Mr. Sosa claiming that the figure infringed Katy Perry’s intellectual property.  In particular, the letter alleged that Mr. Sosa’s selling of the shark figurine violated Ms. Perry’s copyrights in the shark.  Mr. Sosa has agreed to stop selling the shark.

According to CNN, Mr. Sosa remarked “ it looks like dictators and world leaders like Putin and Kim Jong Un or Chris Christie are much easier to deal with,” and “all this lawyer crap is stressful.” 

Take away: before considering copying something in a public domain, think about whether any third party may have rights to the subject matter.  This applies to sharks as well as digital images and content on the internet.  Even though a digitized item can be downloaded, doesn’t mean it should be.  One way to err on the side of caution is to check the ownership of the item.  If a copyright notice accompanies the material that indicates the owner.  Most owners can be contacted and some may grant a license to you to use their image or content (or shark) as you would like.  However, it is the owner’s right to grant and not yours to take.

 Protecting your innovative developments and respecting the intellectual property rights of third parties is critical to any organization.  Having the right person to help you make those decisions is important.  The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game.   The first telephone consultation is free.  Email us at klynch@kliplaw.com.