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Top 11 Copyright Myths and Misconceptions

1.- What is copyrightable and what is not?

Copyright protection exists in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.

Works of authorship include the following categories:

literary works;
musical works, including any accompanying words;
dramatic works, including any accompanying music;
pantomimes and choreographic works;
pictorial, graphic, and sculptural works;
motion pictures and other audiovisual works;
sound recordings; and
architectural works.

Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. After all, copyright law doesn’t protect ideas, only the expression of the ideas.

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By Jennifer Diaz|2021-12-07T14:50:14-05:00April 24, 2019|Best Practices, Counterfeits, Intellectual Property Rights, International Business, International Law, IPR, Trademarks and Logos|0 Comments

Comment Today! USTR Publishes Preliminary List of EU Products To Be Covered By Additional Duties.

Until recently the Section 301 Tariffs have been associated with China deceptive practices. The USTR is now expanding Section 301 Tariffs to the European Union (EU). As a result of the World Trade Organization (WTO) repeatedly finding that EU subsidies to Airbus have caused adverse effects to the United States; the Office of the United States Trade Representative (USTR) has launched a process under Section 301 of the Trade Act of 1974 to identify products of the EU to which additional duties may be applied. These additional duties will be in effect from the dated published until the EU removes those subsidies.

USTR estimates the harm from the EU subsidies as $11 billion in trade each year. The final amount is expected to be issued summer of 2019. “Our ultimate goal is to reach an agreement with the EU to end all WTO-inconsistent subsidies to large civil aircraft. When the EU ends these harmful subsidies, the additional U.S. duties imposed in response can be lifted.” USTR’s determination will reflect with the outcome of the WTO dispute settlement proceedings should the findings show that the EU and certain member States have denied U.S. rights under the WTO Agreement. […]

By Jennifer Diaz|2022-07-07T13:25:17-04:00April 10, 2019|China, China Trade War, Customs Expert, International Law, International Trade, Supply Chain, U.S. Customs and Border Protection (CBP)|2 Comments

CBP Needs Your Help to Improve their Operations in the 21st Century Business Environment – COMMENT PERIOD NOW OPEN!

U.S. Customs and Border Protection (CBP), has announced the re-opening of the public comment period on the six key themes identified by “The 21st Century Customs Framework” initiative. Now is your chance to provide feedback to CBP that can benefit your supply chain and the US economy.

CBP appreciates the need to stay modern to face the challenges of an evolving business landscape. To fulfill its mission, CBP is carrying out an initiative entitled “The 21st Century Customs Framework” which will seek to address and improve many aspects of CBP’s trade mission to better position the agency to operate in the 21st Century business environment. Below are the topics CBP is seeking public input on:

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By Jennifer Diaz|2019-03-12T21:28:58-04:00March 12, 2019|Best Practices, Import, International Law, International Trade, Supply Chain, U.S. Customs and Border Protection (CBP)|0 Comments

New Import Detention Order Targets Tuna Harvested with Forced Labor

Effective February 4, 2019, Customs and Border Protection (CBP) has ordered the detention at all U.S. ports of entry of tuna and any such merchandise manufactured wholly or in part by the Tunago No. 61, which is a fishing vessel owned by Tunago Fishery Co., LTD a company located in Vanuatu. According to the CBP press release of February 6, 2019, importers of detained shipments are provided an opportunity to export their goods or demonstrate that they were not produced with forced labor. The Tariff Act of 1930 (19 U.S.C. § 1307) bans imports of merchandise or food produced in whole or at least in part by forced labor, including convict labor, forced child labor, and indentured labor.

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By Jennifer Diaz|2022-07-07T13:22:45-04:00March 7, 2019|Best Practices, Customs Expert, Food, Import, International Law, International Trade, Seizure, U.S. Customs and Border Protection (CBP)|0 Comments

CBP Now Issuing Penalties for Wood Packaging Material Violations

Due to the increase in penalties for wood packaging material (WPM) violations – we thought it important to remind the importing community that CBP is issuing WPM penalties and the background as to why.

On September 25, 2017, CBP issued Cargo Systems Messaging Service (CSMS) #17-000609 informing importers of CBP’s intent to issue penalties for wood packaging material violations. In the message, CBP states all wood packaging material (WPM) imported into the United States must have been treated at the place of origin, and contain the appropriate marking upon importation. CBP is trying to “prevent the introduction of exotic timber pests,” and is encouraging the importing community to look towards alternatives to WPM and to educate your supply chains about ISPM 15 requirements. […]

By Jennifer Diaz|2022-07-07T13:21:50-04:00March 7, 2019|Export, Import, International Law, International Trade, U.S. Customs and Border Protection (CBP)|0 Comments

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