Author: Gavin Law Offices

Copyright Registration for Short Online Literary Works

Posted on by Gavin Law Offices

The Copyright Office recently implemented a new method of group registration for short online works that simplifies the registration process and provides a much more cost-effective path to protection.  This development offers a great opportunity for bloggers and other authors that frequently publish online content, who may not have previously considered copyright protection due to effort and expense, to obtain protection for their works.  The Group Registration for Short Online Literary Works (GRTX) allows authors to simultaneously register between two and fifty works.

To be eligible for the GRTX process, the relevant works must be:

  • Published for the first time online;
  • Between 50 and 17,500 words;
  • Published during the same 3-month period; and
  • Written or co-written by the same author or joint author.

The process is primarily for those who regularly publish content online, for example with social media posts, articles, and blogs.  The protection conferred only applies to the text of the work, so the GRTX is not suitable for images, videos, audiobooks, or computer programs.  Works made for hire are also not eligible for GRTX.

A major benefit of the GRTX is its ability to save copyright owner’s money.  For a Copyright Office fee of only $65,[1] authors using the GRTX can register up to fifty works.  Before the GRTX, clients would have spent more than $3,000 in government fees to register and protect the same volume of works in separate applications.  The new filing also helps to accelerate the registration process for online content creators who would likely have spent much more time and effort on registering their many publications separately before the GRTX.

If you are interested in developing a copyright protection strategy for your creative works, please feel free to reach out to us for more information on the process and associated fees.

-Jamie Seibert

[1] Please note, this fee represents only the government filing fee at the Copyright Office, and not any associated legal fees if you hire an attorney to represent you in connection with strategizing and filing for copyright protection.

Trademark Maintenance During Business Interruptions

Posted on by Gavin Law Offices

During this unpredictable time, we have a few practical trademark maintenance tips that could save “future you” time and money. Foundationally, trademark rights are maintained via use of the mark in commerce. For federally registered marks, this use is evidenced in maintenance filings during the lifecycle of the trademark. However, use in commerce may be difficult, if not impossible, during pandemic-related shutdowns. Typically, periods of non-use of a mark can leave a trademark owner without evidence to support a registration’s maintenance filings and may also leave a trademark vulnerable to claims of cancellation or abandonment.

The good news is that the Lanham Act, the law governing federal trademark rights, has a built in safeguard that allows owners to avoid unnecessary and unwanted results in light of unforeseen events, like, for example, global pandemics…

In the event that you have a U.S. Trademark Office maintenance filing due in the coming months, our team is ready to assist you. Just as important, trademark owners that may not have maintenance filings due, but who experience interruptions in operations, should note the following for their records:

  1. The date that use of the mark stopped (or your “non-essential” business had to cease operations);
  2. The approximate date when you hope to resume use (or resume operations); and
  3. Documentation of the facts that lead to non-use (for example, an order from local or state government) and affirmation that you intend to use your trademark when those special circumstances are relieved. (37 C.F.R.§2.161)

We recognize that the health and safety of your family and community is your top priority during this difficult time. We will do our part to help you focus on what matters most by providing our expertise on the path forward for your business.

For further information regarding your trademarks, please feel free to contact us.

-Elizabeth Sewell, Esq.

2020 Update: Data Privacy Laws in the United States

Posted on by Gavin Law Offices

After the European Union passed the General Data Protection Regulation (“GDPR”) in 2016, the world watched to see whether the United States would adopt a similar data privacy law at the federal level.  While U.S. lawmakers, the tech industry, and consumer advocates have been working towards a federal data privacy bill, Congress has yet to pass, or even seriously consider, such legislation.  However, a federal law may finally be on the horizon – two data privacy bills have been introduced in the Senate, and a bi-partisan bill is currently being developed by a House committee.  In honor of Data Privacy Day, celebrated internationally on January 28, we explore the current status of data privacy laws in the United States.

In the absence of a comprehensive federal law, numerous states across the U.S. have passed their own data privacy legislation, including, perhaps most notably, California.  The California Consumer Privacy Act of 2018 (“CCPA”) became effective on January 1, 2020, creating new obligations for covered businesses regarding privacy notices and the handling of California consumers’ personal information.  The CCPA only protects Californians’ personal information but may apply to companies that do business in California even if they are not physically located in the state.  Businesses continue to scramble to understand and comply with the CCPA, which is only one of many state and industry-specific laws forming the current patchwork of data privacy laws in the U.S.

However, a federal solution may be on the horizon.  In November 2019, two data privacy bills were introduced in the Senate – the Consumer Online Privacy Rights Act (COPRA) and the United States Consumer Data Privacy Act (CDPA).  The bills share many similarities, including enforcement by the Federal Trade Commission, and would provide individuals with new rights regarding their personal information.  However, COPRA (introduced by Sen. Maria Cantwell, D-Wash.) and the CDPA (introduced by Sen. Roger Wicker, R-Miss.) vary on some important points, leading many to wonder whether either bill could make it through Congress.  For example, COPRA would preempt only state laws that expressly conflict with the Act, leaving state laws that provide additional protection to consumers intact, whereas the CDPA would preempt all state laws regarding data privacy (except for data breach notification provisions), including the CCPA.  COPRA would also allow for an individual private right of action, similar to the CCPA, while the CDPA would not.

Additionally, the House Energy & Commerce Committee recently released an initial draft of a bi-partisan data privacy bill.  Bi-partisan support will be critical for Congress to enact a federal data privacy law, but the initial House bill does little to reconcile the differences between the two introduced Senate bills.  Further, while this federal legislation is pending, numerous states are actively considering data privacy bills themselves.  Specifically, multiple states are in the process of considering data privacy legislation mirroring the CCPA.  In other states, such as Virginia (where the Virginia Privacy Act was introduced earlier this month), representatives have pulled provisions from the CCPA as well as the GDPR to create a more tailored bill for their state legislature to consider.  With many states in their legislative sessions and various federal bills pending, 2020 is already shaping up to be an exciting year for data privacy in the United States.

-Courtney Reigel, Esq.

Rina’s Return to Rome

Posted on by Gavin Law Offices

As someone who studied abroad in Rome, I thought I had seen it all.  (Well, truly, I don’t think that’s possible – there’s an unending list of things to see in the Eternal City.)  On my recent return trip to Italy, I was wonderfully surprised and excited by all of the new things I was able to experience this time around.  And all the delicious Italian wine and authentic food we sampled.

Overall, Rome hasn’t changed much since I lived there 12 years ago.  We stayed in my old neighborhood and went to some of my old haunts like Remo’s Pizzeria (the best pizza in Rome).  When I was studying there, Rome was trying to build Metro Line C.  It’s still a work in progress as tunneling under the city has resulted in never-ending excavations as they dig up more history.  The Colosseum, Roman Forum, Sistine Chapel, Pantheon, and the Trevi Fountain – they’re all still there, attracting more visitors than ever, and they are truly amazing sights to behold.  But some of the unexpected and special activities we came across will make this trip most memorable for me:

  • Exploring the Colosseum at night with no crowds and a tour of the underground
  • Experiencing the virtual chariot race at the Circus Maximus
  • Visiting the long-off limits Palatine Hill for an incredible aerial view of the Forum and exploration of the imperial palace ruins
  • Climbing to the top of St. Peter’s dome
  • Descending into the Grottoes under Saint Peter’s Basilica to see the tombs of the Popes
  • Enjoying a glass of prosecco on Castel Sant’Angelo with a view of the Vatican in the distance

Similarly, in our travels south to Pompeii, Capri, and the Amalfi Coast, more new experiences became highlights of our travels:

  • Viewing the unbelievably well-preserved frescoes in the Villa of the Mysteries in Pompeii
  • Boating to the Green (not blue!) Grotto on Capri to see the glowing aqua water
  • Getting sidetracked when driving the Amalfi Coast and discovering the wonderful seaside town of Maiori
  • Watching an unforgettable sunset over Positano on our last evening in Italy

I’m already excited for more new experiences when we make it back to Italy someday (we threw our coins in the Trevi Fountain, after all).  Of course, the thought of all that pasta and gelato doesn’t hurt either….

-Rina Van Orden, Esq.