Category Archives: Intellectual Property Rights

Estate Planning for Digital Intellectual Property Rights

Study Shows Users Don’t Read Terms of Service Agreements

Not surprisingly, a recent study shows that users don’t read Terms of Service Agreements and Privacy Policies. In a July 7, 2016, working paper, Jonathan Obar and Anne Oeldorf-Hirsch reported that, in their experiment, 98% of users missed the “gotcha … Continue reading

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Jim Lamm Presents on Digital Death at 2013 Heckerling Institute

On Thursday, January 17, 2013, I presented a ninety–minute seminar titled “Digital Death: What to Do When Your Client Is Six Feet Under But His Data Is in the Cloud” with Professor Christina L. Kunz and Damien A. Riehl at … Continue reading

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What Happens to Your Apple iTunes Music, Videos, and eBooks When You Die?

Recently, there have been several news stories about what happens to your digital music, videos, and eBooks purchased from Apple’s iTunes when you die. The same question would apply to other digital music, video, and eBook sellers (for example, eBooks … Continue reading

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Defending Your Ownership and Privacy in Twitter (and Other Online Accounts)

If law enforcement demands the contents of your electronic communications or non–content records from your Twitter account, do you have standing to challenge the subpoena? A New York criminal court has said “no”—because you don’t have a proprietary interest in … Continue reading

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Protecting Privacy of Customer Personal Information in Borders Bankruptcy Asset Sales

As part of the Borders bankruptcy proceeding, Barnes & Noble offered to purchase the “consumer personal information” of Borders, including over 20 million customers’ online account information, e–mail addresses, and purchase history. However, Borders had a privacy policy that stated customer … Continue reading

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Estate Planning and Digital Music: Copyright Termination Rights

I’ve written before about estate planning for digital intellectual property rights and specifically about estate planning and digital music. An August 15, 2011, article in The New York Times by Larry Rohter titled “Record Industry Braces for Artists’ Battles Over Song … Continue reading

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Rights Under Apple’s iTunes Terms and Conditions

On May 6, 2011, CNN posted an article titled “What You Should Know About iTunes’ 56–Page Legal Terms” by Umika Pidaparthy. I’ve been asked several times “what happens to my iTunes songs and any unused cash balance in my iTunes account … Continue reading

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Jim Lamm Quoted in Intellectual Property Magazine

In the April 2011 issue of Intellectual Property Magazine, I was quoted extensively in the article “Welcome to My World, Won’t You Come on In” by Catherine White (subscription or free trial registration required). The article discusses preserving e–mails, online … Continue reading

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Jim Lamm Interviewed on Public Radio: Your Digital Afterlife

On April 15, 2011, I participated in an hour–long panel discussion titled “Your Digital Afterlife” that was broadcast on public radio station WFAE 90.7 FM in the Charlotte, North Carolina, area. Mike Collins, the host of the “Charlotte Talks” daily talk … Continue reading

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Right of Publicity and Right of Privacy After Death

The New York Times posted an opinion piece about a person’s right of publicity after death on March 27, 2011, titled “The New Grave Robbers” by Ray D. Madoff. I saw this article mentioned on the TaxProf Blog. The opinion piece … Continue reading

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