New York Extends Its Right of Publicity and Penalizes Sexually Explicit Deepfakes

By: Howard Zaharoff On November 30, 2020, Governor Andrew Cuomo signed Senate Bill S5959D, effective on May 29, 2021, to amend New York law in two ways. First, the bill establishes the right of publicity for certain deceased individuals, and second, it provides a private right of action for unlawful dissemination or publication of certain sexually explicit depictions. …

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IoT Baby-Steps: The Feds Enact Cybersecurity Improvement Act

By: Howard Zaharoff On December 4, 2020, the Internet of Things (IoT) Cybersecurity Improvement Act of 2020 (H.R. 1668, 116th Cong.) (the “Act”) was signed into law. This bipartisan bill requires the National Institute of Standards and Technology (NIST) to create minimum cybersecurity standards for IoT devices purchased or used by the federal government. Guidelines are to be developed over the next several months, so …

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Protect Your Blogs and Posts: Copyright Office Announces New Group Registration Process for Short Online Literary Works

By: Howard Zaharoff Good things come to those who register their copyrights, including the rights to sue for infringement (you can claim copyright in any original work, but you can sue for infringement only if you’ve registered the work with the Copyright Office) and to recover statutory damages and attorneys’ fees when your registered work …

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Supreme Court Rules Works Must Be Registered Before Copyright Owners May Sue

On March 4, 2019, the Supreme Court unanimously held in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, et al., that the statute requiring copyright owners to register their works before suing means that no suit for infringement can be brought until the Copyright Office officially approves the copyright claimant’s application for registration (or officially …

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Howard Zaharoff Quoted in New Authors Alliance Guide: Understanding and Negotiating Book Publication Contracts

Intellectual property attorney Howard Zaharoff was interviewed for the new Authors Alliance guide, Understanding and Negotiating Book Publication Contracts. As publication contracts can contain complex contract language and copyright law, the guide aims to assist authors in reviewing these contracts by identifying clauses that frequently appear in contracts, explaining what the terms mean, and presenting strategies …

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Howard Zaharoff Unveils the Key to Successful Writing Collaborations in Writer’s Digest 

In his new article for Writer's Digest, Howard Zaharoff discusses why a contract is crucial to successful collaborative writing, from an equal co-authorship to a ghostwritten autobiography. He notes that a good contract is clear about who has what roles, how rights and burdens are shared, and how to unwind the project if things implode. For details …

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Howard Zaharoff, Mike Cavaretta and Amanda Schreyer to Participate in MCLE 21st Annual Intellectual Property Law Conference 2018

     At the MCLE's 21st Annual Intellectual Property Law Conference 2018, three of our attorneys will participate in the session "Trends and developments IP counsel, business lawyers and litigators must know," which will be held on Thursday, June 14 at the MCLE Conference Center in Boston. Howard Zaharoff is Co-Chair, and Mike Cavaretta and Amanda …

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The Olympics Are Coming, the Olympics Are Coming – But Don’t Tell Your Customers!

By Howard Zaharoff. Yes, the Winter Games start this week. But before you decide to use this exciting event to promote your products or services or to communicate with customers, be aware that commercial use of Olympic indicia without the consent of the United States Olympic Committee (“USOC”) can get you sued. The U.S. Code …

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Santa wants a trademark? Howard Zaharoff writes a letter offering Santa legal advice

In the IPWatchdog article Santa Claus Trademark: A Legal Opinion, Howard Zaharoff uses a mock letter to Santa to offer legal advice to trademark seekers. Howard discusses key considerations when registering a trademark, including the importance of how to define the business. For this informative, and entertaining, read, visit IPWatchdog.

MBBP’s Howard Zaharoff Elected Secretary of the Harvard Alumni Entrepreneurs, Inc.

MBBP Attorney Howard Zaharoff has been elected to serve as Secretary of the Harvard Alumni Entrepreneurs, Inc., a Shared Interest Group of the Harvard Alumni Association. Howard first became involved with the Harvard Alumni Entrepreneurs in 2006, when he helped manage its organization into a Massachusetts nonprofit corporation and assisted in obtaining its tax-exempt status. Congratulations, Howard!