Infringement. File sharing. Piracy. Counterfeiting. Plagiarism.

Whatever you call it, the theft of copyrighted material is just about impossible to control in our ever-expanding, ever-increasing digital age. In fact, there is a widely held belief that technology has made copyright impossible to enforce.

Take the entertainment industry, for example:

While all school children are taught the dangers of plagiarism of print materials when they write their first term papers, many of these same kids are some of the greatest offenders who believe that internet file sharing of their favorite music is their due simply for being fans of this or that rock or rap group.

When most people consider writing a book, they don’t think
about Trademarks. However, I highly recommend that you
leverage your writing for multiple purposes, and that’s why
registering a Trademark for your concept is a good idea. If
you use your writing as the basis for workshops and other
products, it’s in your best interests to protect your
concepts with a Trademark.

To paraphrase the definition of a Trademark given at the
official web site www.uspto.gov, a Trademark is a symbol, a
word, a phrase, or a design, (or any combination), used to
identify and distinguish the unique source of goods. Note
that a Service Mark has the same definition as a Trademark,
except as related to services instead of products.

The U.S. Supreme Court is considering whether software companies can be liable for their products that enable illegal sharing of music and video files. The case of M.G.M. v. Grokster has the attention of major and diverse players. Over 55 amicus briefs – statements by those who are not directly involved in the case – have been submitted to the Court for consideration. These include the NFL, the NBA, the Christian Coalition, Senators Leahy and Hatch, and two photography groups - the PPA and the ASMP, which specifically note that the “illegal file-sharing poses particularly significant risks for publication photographers and other small copyright owners whose livelihoods depend to a substantial degree upon commercial exploitation of their creative works.” Some of the materials can be viewed here: http://news.findlaw.com/legalnews/lit/mpaa/index.html

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