Published Articles
  1. Protecting Your Intellectual Property in the U.S. and Abroad from New Forms of Online Infringement and Brand Attacks

    Protecting Your Intellectual Property in the U.S. and Abroad from New Forms of Online Infringement and Brand Attacks

    Below is the transcript of my January 26, 2012, webinar presentation sponsored by the International Executive Resources Group focusing on protecting intellectual property here and abroad from new forms of online infringement and brand attacks. But first a word of warning. My talk runs for about 45 minutes and therefore this is a long post. Here is a quick overview of what I cover. Read more

  2. Webinar on Protecting IP in US and Abroad From Online Infringement and Brand Attacks

    Webinar on Protecting IP in US and Abroad From Online Infringement and Brand Attacks

      Andrew will speak at a webinar on January 26, 2012 at 10:00 am sponsored by the International Executive Resources Group on protecting your IP in the US and abroad from new forms of online infringements and brand attacks. Andrew will begin by discussing three reasons why global infringement is a growing and what governments and copyright holders are doing here, in Europe and China to combat it. Read more

  3. UMG v. Veoh Makes the DMCA Safe Harbor Even Safer. What Will the 2d Circuit Do in Viacom?

    UMG v. Veoh Makes the DMCA Safe Harbor Even Safer. What Will the 2d Circuit Do in Viacom?

    The safe harbor created by Section 512(c) of the Digital Millennium Copyright Act (DMCA) may now be an Internet service provider’s Bali Hai. That’s because on December 20, 2011, the Ninth Circuit held in UMG v. Veoh that a webhost will only lose its safe harbor immunity under this section if it has specific knowledge of infringing content on its site and fails to take down that content. Read more

  4. Guest Blog Post by Mark Grossman: A How-To Guide for Negotiating Tech Deals

    Guest Blog Post by Mark Grossman: A How-To Guide for Negotiating Tech Deals

      Introduction by Andrew Berger Negotiating tech deals is a bit like trying to navigate through uncharted waters. There are no statutes or regulations to guide the voyage. Instead as my colleague Mark Grossman in his guest post explains below, negotiating a tech deal requires an understanding of unwritten industry norms. Armed with that understanding, you can push in those areas where you may have an impact and, as Mark aptly says “choreographing your concessions around areas where you’re not likely to win the battle anyway.” Mark explains a number of invaluable “How Tos,” including how to draft a warranty to protect against the unexpected; how to protect against a loss when the unexpected occurs; how to limit the limitations on liability and how to avoid the tendency to see the deal’s starting point as the vendor’s form. Read more

  5. Guidelines for Authors When Drafting Publishing Agreements and Protecting Their Intellectual Property From Infringement

    Guidelines for Authors When Drafting Publishing Agreements and Protecting Their Intellectual Property From Infringement

    Authors: want some help in protecting your works? Here is the text of a talk I will give to the Cornell Entrepreneur Network on November 17 on how authors can protect their intellectual property. This post is long and ignores conventional wisdom that blog readers stop reading after 1,000 words. But you may find some useful tips here. Read more

  6. Webinar on How Authors Can Protect Their Intellectual Property

    Webinar on How Authors Can Protect Their Intellectual Property

    Andrew will present a one-hour webinar sponsored by the Cornell Entrepreneur Network on Thursday November 17, 2011 at noon EST on how authors can protect their works, negotiate favorable publishing agreements and protect those works, including  ebooks,  from Internet piracy. The webinar is the third in a 3-part series. The other two will focus on How to Write and Publish Your Book and Twitter and Blog Creation and Strategy. Read more

  7. The First Circuit’s Decision in Sony v. Tenenbaum is a Welcome Victory for Copyright Holders  In Copyright Infringement Cases

    The First Circuit’s Decision in Sony v. Tenenbaum is a Welcome Victory for Copyright Holders In Copyright Infringement Cases

      Copyright creators should applaud the First Circuit’s decision in Sony v. Tenenbaum. Although the holding is narrow, the balance of the opinion is a resounding victory for copyright enforcement. District Judge Nancy Gertner in this case held unconstitutional a jury award of statutory damages even though the award was within the statutory range that Congress had set. Read more

  8. Meng Virtual Chapter Presentation on Brand Protection on Social Media On October 12

    Meng Virtual Chapter Presentation on Brand Protection on Social Media On October 12

      Andrew will speak to the Marketing Executive Network Group (“Meng”) Virtual Chapter at noon on October 12, 2011 on how brands can protect themselves on social media. The Meng Virtual Chapter has over 270 marketing executives in 35 states and in 10 countries around the world. Andrew will discuss the new online challenges that brand owners face and how they can deal with them. Read more

  9. Two Video Clips on Protecting Your Brand From New Forms of Online Infringements and Attacks

    Two Video Clips on Protecting Your Brand From New Forms of Online Infringements and Attacks

      Protecting your brand from new forms of online infringements and attacks is becoming increasingly difficult. The Internet is now a wild west of content formation and brand owners can no longer control the message or as the Burger King commercial used to tout, “have it your way.” So what should you do? Here are two video clips of my interview about brand protection produced by the Cornell eClips program.  Read more

  10. Friends Don’t Let Friends Steal Your Intellectual Property — Brand Protection in Social Media

    Friends Don’t Let Friends Steal Your Intellectual Property — Brand Protection in Social Media

      Andrew will be a panelist in a program sponsored by the New York County Lawyers’ Association on brand protection. The program will be held on September 13 at the Association’s Auditorium at 14 Vesey Street, 2nd Floor in N.Y. Other panelists are Sarah Feingold, general counsel at Etsy, Inc. and James Grimmelman, Associate Professor at New York Law School and a member of its Institute for Information Law and Policy. Read more

« Previous PageNext Page »

SUBSCRIBE TO THE BLOG