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Attorney Steve® Copyright Law Essentials - Fair Use Factors FAIR USE SHORTS EPISODE#1 - Using photos to criticize a political opponent. Fair use is an invaluable tool when it comes to copyright infringement. It is a longstanding defense and provides allowance for copyrighted material to be reused or reworked, providing the user acknowledges the original photograph. Navigating this legal and ever-evolving issue can be tricky; however, there are four factors which help determine if the utilization of a photograph falls under fair use: (1) Purpose & Character, (2) Nature of Copyrighted Work, (3) Amount & Substantiality, and (4) Effect on Potential Market. Taking these into account can help you stay within the bounds of usage for a given photograph and always acknowledge its origin story.  For legal services visit AttorneySteve.com

Attorney Steve® Software Audit Essentials - Autodesk tactics to avoid having clients hire legal counsel (while they also have legal counsel). Vondran Legal® has likely handled more software audits with Autodesk than any other lawyer in the United States. We have handled HUNDREDS of cases over the years.  Recently, we see a new tactic they are trying to do to keep the playing field UNLEVEL.  It appears they do not really want Autodesk clients to have legal counsel assisting them in representing their interests in a software audit.  Meanwhile, Autodesk has a team of its own in-house lawyers that routinely work on these cases.  Is this an intentional interference with a contract (my retainer agreement)?  I review the factors for the California tort in this podcast, and all rights are hereby reserved as I take a closer look at the viability of bringing a lawsuit against them.  The audit clause says nothing about you have no right to lawyer, and if you do hire a software attorney, then they can raise the settlement a percentage that they are literally making up on the fly.  We have heard the fees will jump 25%, 30% and one lawyer told us he was handling a case and there was no raise in fee.  This amounts to what appears to be an intentional tortious interference with my legal rights.  Stay tuned.

Vondran Legal - Crypto & NFT Law - Ripple vs. SEC (motion for summary judgment). Ripple, the company behind the third-largest cryptocurrency by the same name, is facing a lawsuit from the U.S. Securities and Exchange Commission (SEC). The SEC alleges that Ripple violated federal securities laws by selling unregistered securities in the form of its XRP tokens. Ripple has motioned for summary judgment, arguing that XRP is not a security and that the SEC's case is "legally and factually unsupportable." If the court rules in favor of Ripple, it would deal a major blow to the SEC's efforts to regulate cryptocurrencies. However, if the court rules against Ripple, it could have far-reaching implications for the cryptocurrency industry as a whole. Either way, the outcome of this lawsuit will have major implications for the future of cryptocurrencies. Watch our previous podcast to hear the reading of the SEC motion for summary judgment:  https://www.blogtalkradio.com/attorneysteve/2022/09/25/sec-vs-ripple-motion-for-summary-judgment-reading

Attorney Steve® Crypto Lawyer - SEC vs. Ripple On December 22, 2020, the U.S. Securities and Exchange Commission (SEC) filed a motion for summary judgment against Ripple Labs Inc. and two of its executives, alleging that they had raised over $1.3 billion through an unregistered securities offering. The SEC's complaint alleges that Ripple's sales of digital tokens, known as XRP, constituted an "investment contract" under U.S. securities laws, and that Ripple violated these laws by failing to register the offering with the SEC. In its motion for summary judgment, the SEC argues that there is no genuine dispute of fact that Ripple's XRP tokens are securities, and that Ripple is therefore liable for violating the securities laws. A hearing on the motion is scheduled for December, 2022.

Attorney Steve® Fair Use Basics Film producers and video creators have a real chance today to be the next Stephen Spielberg.  Content abounds on the internet, and sites like Instagram rolls, YouTube shorts, and TikTik videos can provide a chance to get your name out there and potentially even make money in the career you love.  Many times, the top creators (just like the top teachers and top lawyers) are storytellers.  Many times you need third party content to help tell your story.  In this case, there are several ways to go about it: 1.  Get permission from the Rights holder (ex, the photographer for a photo you want to use or the music rights to a song you want to use).  Typically, you would want this in writing and there may be a fee involved, and it could take some time and technique to make sure you are dealing with the proper parties.  For music, you need to get the rights from both the publisher and the holder of master use rights (ex. the record label).  You will need a "synch license" as well if you are putting music/song to visual arts/movies. 2.  Another way is to find "public domain" content.   Typically, movies and videos from the 1800's would be free to use as most copyrights have run out (double check).  However, if you get it wrong or miscalculate, you could face a copyright infringement lawsuits. 3.  Another way is to qualify for "fair use" (best to use a fair use opinion letter and an IP firm like ours).  Fair use is a statutory right under 17 U.S.C. 107 but there are four factors you need to analyze. This podcast helps highlight, in general terms (not legal advice) some of the issues you may have as a content creator.  AttorneySteve.com      

Attorney Steve® - TV Signal Piracy - Joe Hand Promotions If you received the Joe Hand Promotions "love letter" call us to discuss your case.  This podcast explains a common example of what happens if you are sued in a boxing piracy case.  Below are some helpful links to videos we have created to educate you if you find yourself in this situation. ATTORNEY STEVE VIDEOS Boxing Piracy Damages: https://youtu.be/ELZxIsQbs_c Overview of Boxing Piracy Defense:  https://youtu.be/8j1drJ8my5Y J&J Sports Production overview:  https://youtu.be/MHwRuguQLLI

Attorney Steve® - Software Piracy Essentials - The Hexagon/Vero software infringement letter Getting a legal demand letter from Hexagon is no fun.  You may also get a direct phone call from one of their representatives.  When this happens, my BIGGEST TIP is HANG UP THE PHONE. Don't talk to them and admit infringement of their software before you talk with a copyright lawyer.  We have handled hundreds of software audits since our founding in 2004, and this includes companies such as: SiemensAutodeskVB ConversionSynopsisMicrosoftAdobeHegaxon/VeroAnsysPTCBentley softwareSolidworks And others.  Given this experience, we have become one of the tops (IF NOT THE TOP) software infringement defense law firm in the United States.  You can review our resource page and YouTube channel, which show our vast experience in this niche area of copyright law.  If you need help with a EULA licensing issue or are accused of a Legends Never Die privacy, call us at (877) 276-5084. Our YouTube Page: https://www.youtube.com/user/attorneystevelaw  Our Software Audit Resource Page:  https://www.vondranlegal.com/software-audit-ip-law-firm  

The Piracy Log with Attorney Steve® - Wrap up of the latest piracy and copyright legal news! Topics discussed: Business Software Alliance appears to be back with audit casesCalifornia new Cyberflashing law has BIG penaltiesDish-Nagrastar on the movie with piracy cases9th Circuit Braking News - extenstion on right to recovery copyright infringement damagesCounterfeit product commercial highlights counterfeitting concernsMariah Carey - All I want for Christmas is you lawsuitTriller being sued by Paramount for breach of contractTrademark news - Usain Bolt logo trademark for celebration pose If you need an IP lawyer, go for the best!  You can find us on the web at VondranLegal.com    

Attorney Steve Copyright Law Essentials - Copyright Small Claims Board ("CCB") The copyright claims board, also known as the CCB, is set to open in Washington D.C. on June 16th, 2022. The board will accept copyright claims for things like photo infringement, art infringement, and music infringement. Claimants will be able to receive up to $30,000 for their claim. This is a great opportunity for artists and musicians who have had their work infringed upon to get the compensation they deserve. If you have been a victim of copyright infringement, be sure to file a claim with the CCB when it opens. Music, architecture plans, jewelry, fabric designs, and podcast episodes are just some of the things that can be registered as a copyright. Copyright protection exists from the moment a work is created in fixed form. This means that if you take a photo, for example, the photo is automatically copyrighted and you own the rights to it. However, if someone uses your photo without your permission, they may be infringing on your copyright. If you believe that someone has infringed on your copyright, you should consult with a copyright lawyer to discuss your options. Copyright infringement is a serious matter and can result in significant damages. Therefore, it is important to know your rights and understand how to protect your work. We can be reached at (877) 276-5084.  Also, make sure to join 36,000 who subscribe to the Attorney Steve® Legal YouTube channel (AttorneySteveVideos.com)

Meet Attorney Steve® - Vondran Legal Hour - Thinking of becoming a lawyer?  What you need to know! In this episode, Attorney Steve® discusses the steps you might consider taking if you are planning on going to law school and becoming a lawyer.  In general, you can expect the following: Finish high school or GEDFinish collegeDecide if you want to be a lawyerDecide what type of lawyer you might want to beWrite a "purpose letter" (see if you really mean it)Apply to law schoolsGet accepted to the best school and one that meets your career goalsFinish law schoolPass bar examGet sworn in If you want to learn more about the LSOP program watch this video:  https://youtu.be/4UuLbPIx0VU  For litigation services, contact us at Vondran.com