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October 2017 Archives

What is the fair use exception in copyright law?

The Copyright Act does not prohibit all use of copyrighted work. So-called fair use of copyrighted work is allowed. Generally, fair use is a use which is done for a limited and "transformative" purpose, such as to comment upon, criticize or parody a copyrighted work. Fair use is thus a defense to a claim of copyright infringement. Determining what use is considered "transformative" and what is not is difficult. There are no hard and fast rules governing the question, and the question has been decided in various ways by various different courts. It is a fact-intensive analysis.

Personal Jurisdiction Updates From Illinois:

Recently, the Illinois Supreme Court issued a ruling concerning personal jurisdiction in Aspen American Insurance Co. v. Interstate Warehousing, Inc. 2017 IL 121281. This decision finally clarifies the issue of whether simply registering to do business in Illinois is sufficient to consent to general personal jurisdiction. The Illinois Supreme Court also reviewed the Illinois long-arm statute in relation to federal due process standards.

Those letters at the end of your business name mean something

You've done the smart thing and set up a corporation, limited liability company, or other entity for your business. You've taken this precaution to avoid personal liability for the business's debts and losses. Hopefully, the business will be wildly successful, and you won't have to worry about such things, but it's always good to be prepared. Now that you've done what's necessary to cover your bases, don't make a simple mistake that could undo that careful planning.

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