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CyberLaw.Info
| CyberLaw, Entertainment Law, Intellectual Property Law and Litigation
 CyberLaw.Info operates with an eye towards keeping its members informed of emerging legal issues and trends in CyberLaw. Principal attorney Elliot M. Zimmerman, licensed to practice law by the State of Florida and the United States District Court for the Southern District of Florida since 1981, is a Board Certified Intellectual Property Lawyer authorized to engage in a multi-jurisdictional federal copyright and trademark practice. He is a cyberlaw attorney, entertainment lawyer, music lawyer and litigator with an extensive background in state and federal litigation, cyberlaw, internet law, cybercrime defense, entertainment law, cyberentertainment law, music law, contract drafting and negotiation, copyright and trademark prosecution, domain name disputes, business law, book (novel, play, documentary, fiction, non-fiction, poem, biography, manual etc.) publishing, photography, video, film, television, radio, computer and multi-media law. Additionally, he is an experienced insurance (health, life, disability and ERISA) and personal injury lawyer and litigator; however, Mr. Zimmerman limits his practice as an insurance and personal injury lawyer to select cases.
Martindale-Hubbell AV RatingMr. Zimmerman is rated AV by Martindale-Hubbell. A Martindale-Hubbell AV Rating indicates that a lawyer has reached the height of professional excellence, has usually practiced law for many years, and is recognized for the highest levels of skill and integrity.
Founder and Former Chairman Florida Bar Entertainment, Arts and Sports Law Committee
Mr. Zimmerman is the founder and Chair Emeritus of The Florida Bar Special Committee on Entertainment, Arts and Sports Law, which became The Florida Bar Entertainment, Arts and Sports Law Section (EASL) in 1988. He has served as the Multi-Media Committee Chairman, Certification Committee Chairman, Webmaster, Web Site Committee Chairman and on the Executive Council of EASL. He is a published legal author, and has lectured students and lawyers at colleges, law schools, seminars and conferences on such topics as entertainment law, music law, internet law, cyberlaw, copyright, trademark, and domain name disputes. He received a distinguished service certificate from The Florida Bar, April, 2004 and EASL plaques of honor in 1999 (pictured in Gallery), 2005, 2006 and 2008. See http://easl.info.
Professional Musician and Computer Programmer
Mr. Zimmerman is truly a man of many talents and is a cyberlaw attorney, entertainment lawyer, music lawyer and litigator who is a published lyricist, composer, author, keyboardist, computer programmer and web designer. He has performed on keyboards throughout Florida and the USA with such notables as John "Spider" Martin, Jaco Pastorius, Ahmad Jamal (pictured in Gallery), Miguel Reyna, Duffy Jackson (pictured in Gallery), Sonny Stitt, Ben Champion, the Ink Spots (pictured in Gallery), and others. Mr. Zimmmerman designs, programs and serves, or has served, as webmaster for several web sites, including EASL, The Florida Bar International Law Section, and Jacaranda Country Club Homeowners' Association, Inc. Many of Mr. Zimmerman's original PHP scripts are available for registered users by clicking "Downloads" at this site and at http://outerdomain.com. Mr. Zimmerman is also a Zikula Content Management System Consultant. Click here to view Zikula.org.
Also, he has recently created and is currently CEO of MusiciansExchangeOnline.com and President of CannibalMusic.com, Inc., located in Plantation, Broward County, Florida. MusiciansExchangeOnline.com is located on the world wide web at www.MusiciansExchangeOnline.com and CannibalMusic.com, Inc., is located on the world wide web at www.cannibalmusic.com. Both are online distributors geared towards internet marketing and sales for emerging artists, authors, musicians and computer programmers. Mr. Zimmerman's goal is to broaden the horizons for the undiscovered.
Vice President of Jacaranda Country Club Homeowners' Association, Inc.
Additionally, Mr. Zimmerman serves as Vice President, Webmaster and lawyer for the Jacaranda Country Club Homeowners' Association, Inc. See http://jcchoa.com.
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CyberLaw.Info Legal Services Practice Areas
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Music Law
- Music Industry Litigation
- Music Industry Counseling
- Drafting and Negotiating
- Music Licensing Contracts
- Music Publishing Contracts
- Distribution Contracts
- Songwriter Contracts
- Merchandising Contracts
- Recording Contracts
- Copyright and Trademark
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CyberLaw
- Website Development Contracts
- Website Privacy Policies
- Copyright
- Trademark
- Domain Name Disputes
- Web Hosting Contracts
- Service Provider Agreements
- Software Development Contracts
- Site License Agreements
- Employment Contracts
- Non-Disclosure Agreements
- Assignments
- Technology Licensing
- Escrow Agreements
- Software Consulting Agreements
- Web Consulting Contracts
- Web Advertising Contracts
- Data Ownership
- CyberSquatting
- Internet Attacks and Hacking
- Unfair Competition
- Unfair Trade Practices
- Defamation
- Uniform Computer Info. Trans. Act
- Computer Fraud and Abuse Act
- Uniform Electronic Transactions Act
- Electronic Signatures Act
Entity Formation
- Incorporation
- Limited Liability Companies
- Partnerships
- Limited Partnerships
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Litigation
- U.S. District Court for the Southern District of Florida
- Florida State Court
- Federal Copyright and Trademark Litigation In All Forums
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Entertainment & Arts Law
- Counseling
- Litigation
- Drafting and Negotiating
- Film Contracts
- TV Contracts
- Publishing Contracts
- Modeling Contracts
- Acting Agreements
- Infomercials
- Production Contracts
- Internet Distribution Deals
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| Trademark and Copyright Bullies |
| on Wednesday, November 19, 2008 - 05:27 AM Posted by: admin |
 Union Square is usually a merry place before the holidays. Not so this year.
Savitri Durkee, an activist concerned with preserving the character of Union Square and Union Square Park, in an effort to speak out against Union Square Partnership (USP), a group backing extensive redevelopment of the area, created a website parodying the official website of USP. In response, USP flexed its muscles and sent Durkee's Internet service provider a notice pursuant to the
Digital Millennium Copyright Act asserting that her parody site infringed USP's
copyright, leading to the shutdown of the site. USP then filed a copyright
lawsuit against Durkee and later filed a claim with the World Intellectual
Property Organization (WIPO) seeking to take control of the parody site's domain
name. |
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| Google Book Search Copyright Settlement |
| on Saturday, November 15, 2008 - 03:56 AM Posted by: admin |
| Click here to view the proposed Settlement of a class action lawsuit brought by authors and publishers claiming Google has violated their copyrights and those of other Rightsholders of Books and Inserts, by scanning their Books, creating an electronic database and displaying short excerpts without the permission of the copyright holders. Google denies the claims. The lawsuit is entitled The Authors Guild, Inc., et al. v. Google Inc., Case No. 05 CV 8136 (S.D.N.Y.).
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| Bush Signs PRO-IP Act |
| on Wednesday, October 15, 2008 - 07:10 AM Posted by: admin |
| On October 13, 2008, President Bush signed the Prioritizing Resources and Organization for Intellectual Property Act (the "PRO-IP Act"). The PRO-IP Act does three things, generally: 1) it increases the penalties for infringement by expanding what is considered a 'work;' 2) it broadens the ability of the government to permanently seize goods; and 3) it creates an Intellectual Property Enforcement Coordinator, a new cabinet position whose sole job is to increase intellectual property enforcement. You can view the text by clicking here. |
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CyberLaw.Info |
| Is RealDVD StealDVD? |
| on Tuesday, October 07, 2008 - 09:32 PM Posted by: admin |
RealDVD was launched by RealNetworks just last month, providing a way for users to backup any DVDs they own to their own hard disk. The software includes DRM to limit users from copying the files to yet another computer.
At that time, I published an article asking "Is RealDVD Legit?" at CyberLaw.Info because I did not understand how a DVD could be copied to a computer without violating the non-circumvention provisions of the DMCA or RealNetworks' agreement with the DVD Copy Control Association (DVDCCA), the group responsible for protecting DVDs against piracy. |
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| Digital Download Royalty Rate Set by Copyright Royalty Board |
| on Friday, October 03, 2008 - 01:33 AM Posted by: admin |
 On October 2, 2008, the three member Copyright Royalty Board froze the digital download royalty rate due music publishers for donwloaded music for the next five years at 9.1 cents a song. The board also set the same rate for CDs and established a 24-cent rate for ringtones.
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CyberLaw.Info |
| Mechanical Royalty Agreement for Digital Downloads Doesn't Address Internet Radio |
| on Thursday, September 25, 2008 - 07:43 PM Posted by: admin |
In Washington on Tuesday, September 23, 2008, an agreement was reached between the Digital Media Assn., the National Music Publishers' Assn., the Recording Industry Assn. of America, the Nashville Songwriters Assn. International and the Songwriters Guild of America with respect to mechanical royalties for interactive streaming music and limited music downloads. However, the agreement did not address the controversial performance royalty for Internet radio.
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| VA Supreme Court Cans VA Spam Law |
| on Tuesday, September 16, 2008 - 04:06 AM Posted by: admin |
| Virginia, 9.12.8. In an appeal of a 2004 criminal conviction by Jeremy Jaynes, a North Carolina man accused of sending millions of spam emails, the Virginia Supreme Court ruled the VA law was overbroad because it prohibited the anonymous sending of emails concerning politics, religion or other subjects protected under the First Amendment’s freedom of speech, not just commercial spam. The case did not involve the CAN SPAM Act of 2003, which was passed after the defendant's acts were committed. |
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CyberLaw.Info |
| Is RealDVD Legit? |
| on Wednesday, September 10, 2008 - 04:55 AM Posted by: admin |
RealDVD, released this week by RealNetworks, Inc. ("Real"), allows users to copy DVDs to their computers for replay without needing the initial DVD. Real claims this is legit pursuant to a recent federal district court ruling in California.
DVD Copy Control Association v. Kaleidescape, Case No. 1-04-CV031829 in the Superior Court of the State of California, County of Santa Clara, was filed by the DVD Copy Control Association (“DVD CCA”), an arm of the Hollywood studios, on December 7, 2004. The DVD CCA alleged that by providing consumers with its innovative, yet secure product, Kaleidescape was in breach of its license from the DVD CCA for the Content Scramble System (“CSS”), a method used to encrypt video and audio data on DVDs. The license agreement however, contained no prohibition against the Kaleidescape System. The Kaleidescape System allows consumers to copy and organize their DVDs and CDs on a secure hard drive, and to play back their movies and songs throughout the home with ease and convenience. On June 1st, 2005, Kaleidescape filed its answer and cross-complaint against the DVD CCA. Kaleidescape’s cross-complaint stated that the DVD CCA breached the CSS license by not allowing the ombudsman process mandated by its own bylaws to be completed, and that the DVD CCA breached the covenant of good faith and fair dealing by making its unreasonable and unsupported allegations against Kaleidescape and not participating in the ombudsman process in good faith. Kaleidescape’s cross-complaint also sought a declaration from the Court that the CSS license did not include terms that the DVD CCA claims have been breached by Kaleidescape. Kaleidescape, was found "in full compliance" with the DVD Copy Control Association's (DVD CCA) license to the Content Scramble System (CSS) by Santa Clara Superior Court Judge Leslie C. Nichols, who issued the ruling in this three-year-old lawsuit after a seven-day trial on March 29, 2007. |
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| Suit for Wrongful Filing of DMCA Takedown Notice Actionable |
| on Friday, August 22, 2008 - 05:33 AM Posted by: admin |
| On August 20, 2008, in Lenz v. Universal et al., the U.S. District Court for the Northern District of California, Case No. C 07-3783 JF, entered an order denying defendants' motion to dismiss plaintiff's second amended complaint. Read the order here. On February 7, 2007, Plaintiff Stephanie Lenz (“Lenz”) videotaped her young children
dancing in her family’s kitchen. The song “Let’s Go Crazy” by the artist professionally known as
Prince (“Prince”) played in the background. The video is twenty-nine seconds in length, and
“Let’s Go Crazy” can be heard for approximately twenty seconds, albeit with difficulty given the
poor sound quality of the video.
On February 8, 2007, Lenz titled the video “Let’s Go Crazy #1” and
uploaded it to YouTube.com ("YouTube”), a popular Internet video hosting site, for the alleged
purpose of sharing her son’s dancing with friends and family.
Universal owns the copyright to “Let’s Go Crazy.” |
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CyberLaw.Info Media Gallery |
Elliot M. Zimmerman, Plantation, FL, June, 2004.
From: Miscellaneous |
CyberLaw.Info
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CyberLaw.Info News |
· Trademark and Copyright Bullies
(Nov 19, 2008)
· Google Book Search Copyright Settlement
(Nov 15, 2008)
· Bush Signs PRO-IP Act
(Oct 15, 2008)
· Is RealDVD StealDVD?
(Oct 07, 2008)
· Digital Download Royalty Rate Set by Copyright Royalty Board
(Oct 03, 2008)
· Judge Vacates $222,000 Verdict and Orders New Trial in File Sharing Suit Without Proof of Download
(Sep 25, 2008)
· Mechanical Royalty Agreement for Digital Downloads Doesn't Address Internet Radio
(Sep 25, 2008)
· VA Supreme Court Cans VA Spam Law
(Sep 16, 2008)
· Is RealDVD Legit?
(Sep 10, 2008)
· Suit for Wrongful Filing of DMCA Takedown Notice Actionable
(Aug 22, 2008)
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CyberLaw.Info |
CyberLawyers, Intellectual Property Attorneys & Entertainment Litigators Serving Fort Lauderdale, Plantation, Weston, Hollywood, Hallandale, Boca Raton, Delray Beach, Boynton Beach, Palm Beach, Miami, South Florida, Broward County, Palm Beach County and Dade County, since 1981.
Call 954.565.6996 for CyberLaw, CyberEntertainmentLaw, CyberCrime Defense, Entertainment Law and Litigation Services. |
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CyberLaw.Info
CyberLaw, Entertainment Law, Intellectual Property Law and Litigation
 SM
Elliot Zimmerman, P.A.
Attorney At Law
Board Certified Intellectual Property Lawyer
100 NW 70th Avenue, PH 203
Plantation, Florida 33317
In Fort Lauderdale, Florida, call (954) 565-6996
In Boca Raton, Florida, call (561) 989-9990
legal@cyberlaw.info
http://cyberlaw.info
http://entertainmentattorney.pro
CyberLaw.Info (tm): CyberLaw, Internet Law, Entertainment Law, Music Law. Board Certified Intellectual Property Lawyer. Rated AV by Martindale-Hubbell. Personal Injury Law, Insurance Law and Litigation. CyberLaw Attorney, Internet Lawyer, Entertainment Lawyer, Music Lawyer, Personal Injury Lawyer, Insurance Lawyer and Litigator Serving Fort Lauderdale, Boca Raton, Weston, Plantation, Hollywood, Hallandale, Pompano Beach, Delray Beach, Boynton Beach, Palm Beach, Aventura, Miami, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1981.
Law firm licensed to practice law by the State of Florida and the United States District Court for the Southern District of Florida since 1981. Board Certified Intellectual Property Lawyer authorized to engage in a multi-jurisdictional federal copyright and trademark practice.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. You may view Mr. Zimmerman's qualifications and experience here.
Not all results are provided, the results are not necessarily representative of results obtained by the lawyer, and a prospective client's individual facts and circumstances may differ from the matter in which the results are provided.
Nothing in this web site should be construed as legal advice to you and does not establish an attorney client relationship between us. You should not rely upon any information contained herein without separate independent legal research and advice. Our law firm is under no obligation to respond to correspondence, including, without limitation, email, until a written retainer agreement is executed. Nothing contained herein should be construed as an endorsement of any and all products or services contained herein or accessible herethrough. By using this web site you agree to abide by our Terms of Use and Privacy Policy. Advertisement.
Our Designated Agent Under 17 U.S.C. 512(c)(2) to Receive Notification of Claimed Copyright Infringement and Registered Agent to Accept Service of Process is: Mr. Elliot M. Zimmerman, Esq., President of Elliot Zimmerman, P.A., a Florida Professional Association, 100 NW 70th Avenue, PH 203, Plantation, Broward County, FL 33317, Phone: 954.565.6996, Email: legal@cyberlaw.info.
You may use our  newsfeed to display CyberLaw.Info's news at your site.
© 1995-Present Elliot Zimmerman, P.A.
CyberLaw.Info™ is a Mark of Elliot Zimmerman, P.A.
All Rights Reserved
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