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June 17, 2009 |

Intellectual Property

Alan J. Hartnick, a partner of Abelman, Frayne & Schwab and an adjunct professor of law at Fordham University School of Law, writes that there are many legal issues with user-generated content including: (a) secondary copyright liability; (b) the Digital Millennium Copyright Act's "safe harbors"; (c) who owns the material, and the effect of click-wrap agreements; (d) collaboration "wiki" content, which permits users to edit a Web page content; (e) obscenity; (f) defamation and false light; (g) right of publicity and privacy; (h) children's online privacy protection, among other things.
8 minute read
December 07, 2006 |

Intellectual Property

Alan J. Hartnick, a partner of Abelman, Frayne & Schwab and an adjunct professor of law at Fordham Law School, presents an unpublished paper by the late Stanley Rothenberg, a senior partner in intellectual property at Moses & Singer and a friend and colleague for many years, on the copyright trap, the so-called "Dickens Provision," in British Commonwealth nations.
9 minute read
November 30, 2005 |

Intellectual Property

Alan J. Hartnick, a partner of Abelman, Frayne & Schwab and an adjunct professor of law at Fordham Law School, writes that in adopting the inducement standard from patent to copyright law, the Supreme Court in Grokster engaged in the best judicial activism. Although bills for the remedy of inducement had been introduced by Congress, no one considered that a new remedy against third parties would be enunciated by the Supreme Court as an alternate against egregious copyright infringement.
10 minute read
December 09, 2004 |

Intellectual Property

Alan J. Hartnick, a partner of Abelman, Frayne & Schwab and an adjunct professor of law at Fordham Law School, explores briefly the underlying bases for "moral rights" and offers a brief history is necessary to understand the implications of an opinion by Justice Antonin Scalia.
9 minute read
June 13, 2007 |

Intellectual Property

Alan J. Hartnick, a partner of Abelman, Frayne & Schwab and an adjunct professor of law at Fordham Law School, writes that New York cases define what may be considered "newsworthy" or "public interest" in the broadest and most far-reaching terms.
9 minute read
Law Journal Press | Digital Book Computer Law: Drafting and Negotiating Forms and Agreements Authors: Richard Raysman, Peter Brown View this Book

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April 11, 2005 |

Intellectual Property

Alan J. Hartnick, a partner of Abelman, Frayne & Schwab and an adjunct professor of law at Fordham Law School, analyzes a case at the crossroads of copyright and international trade.
9 minute read
June 18, 2008 |

Intellectual Property

Alan J. Hartnick, a partner of Abelman, Frayne & Schwab and an adjunct professor of law at Fordham University School of Law, writes: "No Muslims. No children." The housing ad found on the Internet screams discrimination. But you cannot see such discrimination in housing ads in classifieds in newspapers. It appears that advertisements on the Internet are different. If so, shouldn't there be a level playing field between newspapers and the Web?
8 minute read
February 18, 2005 |

Intellectual Property

Alan J. Hartnick, a partner of Abelman, Frayne & Schwab and an adjunct professor of law at Fordham Law School, asks: Do federal protections apply only to intellectual property or to all products?
9 minute read
April 11, 2008 |

Intellectual Property

Alan J. Hartnick, a partner of Abelman, Frayne & Schwab and an adjunct professor of law at Fordham University School of Law, writes that the great opera star, Luciano Pavarotti, died in 2007. Under �114 of the Copyright Law, his heirs will receive his share of record royalties for the full term of copyright. Alas, in New York, his name and likeness can be utilized for advertising, on T-shirts, on cups or any other commercial or noncommercial use.
9 minute read
October 14, 2005 |

Intellectual Property

Alan J. Hartnick, a partner of Abelman, Frayne & Schwab and an adjunct professor of law at Fordham Law School, writes that mechanisms to correct orphan works--copyrighted works whose owners are impossible to locate--and copyright's life plus 70 years duration, which seems too long for many works, should be considered to enhance the public domain.
8 minute read

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