Monthly Archives: October 2007

Copyright Overview: An Ounce of Prevention is Worth a Pound of Statutory Damages

By Zach W. Hilton

Both attorneys and laypersons who are not sufficiently familiar with current U.S. copyright law are often guilty of relying upon, and spreading, popular myths and misconceptions concerning basic copyright related issues.  In most instances, reliance on copyright myths and misconceptions will not result in any harm.  However, for the minority of copyright owners who must one day attempt to protect their copyrighted works, such reliance can have potentially disastrous consequences that can effectively preclude enforcement of the copyright.  In hopes of preventing such an unfortunate outcome, a brief primer on the basics of copyright law is provided below.

Purchase a Declaratory Judgment Lawsuit for the Price of a Stamp

By Bobby W. Braxton

The recent Supreme Court decision in MedImmune Inc. v Genentech Inc., (January 9, 2007) lowered the hurdle a party must clear before filing a declaratory judgment lawsuit.  A declaratory judgment lawsuit allows a party to seek a determination of the rights among the parties without waiting for the opposing party to file a claim.  Additionally, a potential defendant can race an adversary to the courthouse by filing a declaratory judgment lawsuit in the erstwhile defendant’s choice of forum.