Articles/News
Happy Birthday to You
Now the Oakland-based firm Donahue Fitzgerald is involved in what The New York Times calls “a lawsuit for the ages” to prove that “Happy Birthday to You” is no longer under copyright and belongs to the public. The story of “Happy Birthday to You” started in 1893, when Mildred and Patty Hill published Song Stories […]
Are You Ready for the Next Data Breach? The FTC, Privacy Policies, and Data Protection
A recent ruling by the U.S. Court of Appeals for the Third Circuit, FTC v. Wyndham, affirms the FTC’s authority to take actions against companies that have unfair or deceptive cybersecurity practices. It is more critical than ever that businesses implement measures to adequately protect their customer data, prepare response plans in case the data […]
Napa Earthquake Losses: Insurance Coverage Matters
Early published estimates place earthquake-related losses from the Napa earthquake on August 24, 2014, at over a billion dollars. Northern California residents and businesses can learn from the experiences of insureds who suffered similar losses during the 1995 Northridge earthquake. Those who suffered losses should quickly document their losses and carefully examine their insurance policies […]
Online Privacy Laws Take Effect in California
See generally Cal. Bus. & Prof. Code § 22575 et seq. Disclosure on How Company Handles Do-Not-Track Signals Operators of commercial websites and services that collect personally identifiable information (“PII”) must disclose in their online privacy policies how they will respond to “Do-Not-Track” signals sent from consumers that reside in California. For purpose of this […]
Why Foreign Companies Should Register Copyrights in the U.S.
The reason for this false sense of confidence is that the plain language of the international copyright treaty called the Berne Convention for the Protection of Literary and Artistic Works (the “Berne Convention”) leads many to assume that registering a copyright in the U.S., a signatory to the Berne Convention, is an unnecessary formality. Article […]
Music Clearance
Our music clearance practice includes obtaining rights to use music recordings and the underlying compositions in television, movies, commercials, stage productions, and virtually any other use where permission from the artists and composers is required. It is most important that music clearance be a part of planning any audio or audiovisual project which will utilize […]
Insulating Your Business against Twitter Defections
The PhoneDog Suit In October 2010, Noah Kravitz left his position as the editor-in-chief of PhoneDog.com. While employed by PhoneDog, Kravitz became so influential in the sphere of mobile phone reviews that his videos, blogs, and reviews were watched by millions, and he was considered one of the most influential people in the industry. To […]