Internet

Click-wrap agreements requiring active acceptance are generally enforceable. Browse-wrap agreements without affirmative consent face greater scrutiny.

Section 230 generally protects online platforms from liability for user-generated content, though exceptions exist for IP violations, federal criminal law, and certain other areas.

Terms of service should address content ownership, licenses granted by users, prohibited content, and takedown procedures. DMCA compliance protects against infringement liability.

CAN-SPAM requires accurate headers, opt-out mechanisms, and identification as advertising. State laws may impose additional requirements.

Strategies include domain portfolio management, monitoring for infringement, platform reporting, UDRP proceedings, and litigation when necessary.

Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.

For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.

Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.

Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.