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CyberLaw Offices of Elliot Zimmerman, P.A.
| CyberLaw, Entertainment Law, Intellectual Property Law and Litigation
 CyberLaw.Info, owned by the law firm of Elliot Zimmerman, P.A., operates with an eye towards keeping its members informed of emerging legal issues and trends. Mr. 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 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 and 2006. 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 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 PostNuke Consultant. Click here to view PostNuke.com.
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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| File Sharing Without Actual Download Not Actionable |
| on Friday, May 02, 2008 - 10:24 PM Posted by: admin |
 On April 28, 2008, in Atlantic Recording Corp. et al. v. Howell (U.S. District Court, Arizona, Case No. CV-06-02076-PHX-NVW), Judge Neil V. Wake entered an order denying the RIAA’s motion for summary judgment because “merely making copies available does not constitute distribution.” Specifically, the court held that the mere act of saving copies of works to the shared folder of a file sharing application, thus making them available for download by anyone, did not constitute distribution in violation of the copyright act. Actual download by a third party is necessary. Read the order here. |
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 CyberLaw.Info |
| Bills to curb cyber-bullying raise free-speech concerns |
| on Tuesday, February 05, 2008 - 08:24 AM Posted by: admin |
By Kathleen Fitzgerald, SPLC staff writer
© 2008 Student Press Law Center
February 4, 2008
Legislators in several states this year have proposed or reintroduced bills to protect students from cyber-bullying, giving school administrators a role in combating what they see as a new wave of electronic harassment. While some feel this will protect students, First Amendment advocates worry the policies will infringe on students' rights. |
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Read more... (5387 bytes more) CyberLaw.Info |
| Computer Fraud and Abuse Act |
| on Friday, September 28, 2007 - 05:59 AM Posted by: admin |
| When company data is stolen or maliciously destroyed, the modern cause of action is the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, a criminal statute that expressly provides for a civil action for damages and injunctive relief for anyone "who suffers damage or loss by reason of a violation of" the statute. 18 U.S.C. 1030(g). |
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CyberLaw.Info |
| Truth in Music Advertising Law |
| on Wednesday, August 22, 2007 - 11:11 AM Posted by: admin |
 On June 18, 2007, Florida joined 16 other states in passing a truth in music advertising law. See F.S. 817.4115, False, deceptive, or misleading advertisement of live musical performances. The law was created to protect artists from identity theft and consumers from being deceived by acts that are not comprised of the legendary artists that initially made the original songs famous. The states that have thus far joined the bandwagon and have passed laws regulating this practice are Pennsylvania, Conneticut, Illinois, Michigan, Massachutes, Maine, South Carolina, North Dakota, Virgina, New Jersey, Florida, Wisconsin, Tennessee, Missouri, Texas, Nevada and New York. |
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CyberLaw.Info |
| Three Hurdles to Website Owner Liability |
| on Saturday, July 21, 2007 - 01:28 PM Posted by: admin |
| Federal law provides that no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider, 47 U.S.C. §230(c)(1), and that no cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section, §230(e)(3). Note, the statute contains important exceptions. See, e.g., 47 U.S.C. § 230(e)(1) (excepting federal criminal liability); and § 230(e)(2) (scope of intellectual property laws remain unchanged). |
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Read more... (4684 bytes more) CyberLaw.Info |
| TorrentSpy Ordered to Log Users' IPs |
| on Thursday, July 19, 2007 - 03:50 AM Posted by: admin |
| On June 27, 2007 in a copyright infringement lawsuit, Columbia Pictures Industries v. Bunnell, No. 06-01093 FMC, pending in the U.S. District Court for the Central District of California, Judge Florence-Marie Cooper ruled that TorrentSpy, a popular search engine that indexes materials made publicly available via the Bit Torrent file sharing protocol, must activate logging and turn the logged data over to the studios, despite its privacy policy. The magistrate judge reasoned that because the info including IP addresses exists in RAM of TorrentSpy's webservers, it is "electronically stored information" that must be collected and turned over to the studios under the rules of federal discovery. Read EFF's amicus brief by clicking here.
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CyberLaw.Info |
| Son of Sam Law in FL |
| on Wednesday, May 16, 2007 - 07:01 AM Posted by: admin |
| The "Son of Sam" Law in Florida is codified at F.S. 944.512.
In Rolling v. State ex rel. Butterworth, 741 So. 2d 627 (1999, FL 1st DCA), Appellee State, pursuant to Fla. Stat. ch. 944.512, sought imposition of a lien against property in an action against appellant, convicted criminal, especially seeking proceeds from sale of a book containing accounts of the crimes for which appellant was convicted. Appellants argued that Fla. Stat. ch. 960.291(7) violated U.S. Const. amend. I and was, therefore, unconstitutional both on its face and as applied to each of them. Under the plain language of the statute the lien encompassed appellant's art, autographs, and proceeds from them, as well as proceeds from his book. Appellant publisher was receiving benefits on appellant offender's behalf and thus the lien attached to the proceeds she garnered from sale of property. Appellant offender could not transfer his property to appellant publisher to avoid the lien. |
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Read more... (525 bytes more) CyberLaw.Info |
| EMI Offers Higher Quality Downloads Without DRM |
| on Monday, April 02, 2007 - 08:25 PM Posted by: admin |
 EMI will be offering, at a greater price, higher quality digital music downloads without digital rights management ("DRM") through Apple's ITunes Store in addition to its lower quality restricted catalog.
We'll have to gaze into our crystal balls to determine whether distributing unprotected MP3s will help expand the market and what effect this will have on music piracy.
Read the Reuters article by clicking here.
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CyberLaw.Info |
| Trademarks Trumped by Freedom of Speech |
| on Tuesday, February 27, 2007 - 06:47 AM Posted by: admin |
| Click here to read the decision of the National Arbitration Forum in Homer TLC, Inc. v. GreenPeople, Claim Number: FA0508000550345, dated 10/25/05, wherein the panel found that respondent's use of the domain name "homedepotsucks.com" did not violate the Home Depot marks of the complainant. |
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CyberLaw.Info |
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CyberLaw.Info News |
· File Sharing Without Actual Download Not Actionable
(May 02, 2008)
· Bills to curb cyber-bullying raise free-speech concerns
(Feb 05, 2008)
· Dreamworks and Paramount Sued By Beeceuticals Over Bee Movie Slogan
(Nov 01, 2007)
· Computer Fraud and Abuse Act
(Sep 28, 2007)
· Truth in Music Advertising Law
(Aug 22, 2007)
· Three Hurdles to Website Owner Liability
(Jul 21, 2007)
· TorrentSpy Ordered to Log Users' IPs
(Jul 19, 2007)
· Son of Sam Law in FL
(May 16, 2007)
· EMI Offers Higher Quality Downloads Without DRM
(Apr 02, 2007)
· Trademarks Trumped by Freedom of Speech
(Feb 27, 2007)
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CyberLaw.Info |
Elliot Zimmerman, PA
CyberLaw Attorneys, Intellectual Property Lawyers & 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 Offices of 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://floridaentertainmentlaw.com
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.
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© 1995-2007 Elliot Zimmerman, P.A.
CyberLaw.Info™ is a Mark of Elliot Zimmerman, P.A.
All Rights Reserved
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