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Ninth Circuit Retcons Its “Dancing Baby” Fair-Use Decision and Creates More Confusion

Ninth Circuit Retcons Its “Dancing Baby” Fair-Use Decision and Creates More Confusion

DWT Media Law August 18, 2016 Comments Off on Ninth Circuit Retcons Its “Dancing Baby” Fair-Use Decision and Creates More Confusion

By Lance Koonce Retcon /retkän/: Abbreviation of “retroactive continuity”; “Revise (an aspect of a fictional work) retrospectively, typically by introducing a piece of new information that imposes a different interpretation on previously described events.”

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Internet Service Providers and Oldies Fans Rejoice: 
Second Circuit Holds the DMCA Safe Harbor Covers Pre-1972 Sound Recordings

Internet Service Providers and Oldies Fans Rejoice: 
Second Circuit Holds the DMCA Safe Harbor Covers Pre-1972 Sound Recordings

DWT Media Law June 28, 2016 Comments Off on Internet Service Providers and Oldies Fans Rejoice: 
Second Circuit Holds the DMCA Safe Harbor Covers Pre-1972 Sound Recordings

By Jim Rosenfeld and George Wukoson The U.S. Court of Appeals for the Second Circuit’s June 16, 2016, decision in Capitol Records, LLC v. Vimeo, LLC was a victory for internet service providers who

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Is Everything Going to Be OK? Whether Individual Emoji Are Copyrightable

Is Everything Going to Be OK? Whether Individual Emoji Are Copyrightable

DWT Media Law January 21, 2016 Comments Off on Is Everything Going to Be OK? Whether Individual Emoji Are Copyrightable

By Jason Harrow The editors of Oxford Dictionaries recently named  the word of the year in 2015. [1] No, that is not a strange typo: The word of the year really was an emoji.

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The Dancing Baby Grooves to Mixed Victory in the 9th Circuit: Court Holds that DMCA Takedown Notices Require Consideration of Fair Use

The Dancing Baby Grooves to Mixed Victory in the 9th Circuit: Court Holds that DMCA Takedown Notices Require Consideration of Fair Use

DWT Media Law January 5, 2016 Comments Off on The Dancing Baby Grooves to Mixed Victory in the 9th Circuit: Court Holds that DMCA Takedown Notices Require Consideration of Fair Use

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Holy Copyrightability Batman! The Batmobile Is Still a Superhero

Holy Copyrightability Batman! The Batmobile Is Still a Superhero

DWT Media Law January 3, 2016 Comments Off on Holy Copyrightability Batman! The Batmobile Is Still a Superhero

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Another Page in the Google Books Saga: Appeals Court Blesses Mass Digitization Project as Fair Use

Another Page in the Google Books Saga: Appeals Court Blesses Mass Digitization Project as Fair Use

DWT Media Law November 21, 2015 Comments Off on Another Page in the Google Books Saga: Appeals Court Blesses Mass Digitization Project as Fair Use

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The Dark Knight, Black Panthers, Ghosts and Ginger Rogers: Increasing Protection for Use of Trademarks in Promotions for Expressive Works

The Dark Knight, Black Panthers, Ghosts and Ginger Rogers: Increasing Protection for Use of Trademarks in Promotions for Expressive Works

DWT Media Law March 22, 2015 Comments Off on The Dark Knight, Black Panthers, Ghosts and Ginger Rogers: Increasing Protection for Use of Trademarks in Promotions for Expressive Works

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Summary Judgment for the Song of the Summer: The Court Takes a Hard Line Against Blurred Lines

Summary Judgment for the Song of the Summer: The Court Takes a Hard Line Against Blurred Lines

DWT Media Law November 25, 2014 Comments Off on Summary Judgment for the Song of the Summer: The Court Takes a Hard Line Against Blurred Lines

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2nd Circuit Issues Its Fair Use Ruling in Authors Guild v. HathiTrust

2nd Circuit Issues Its Fair Use Ruling in Authors Guild v. HathiTrust

DWT Media Law June 24, 2014 Comments Off on 2nd Circuit Issues Its Fair Use Ruling in Authors Guild v. HathiTrust

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Big Fees Award in Copyright Arbitration for LA Times

Big Fees Award in Copyright Arbitration for LA Times

DWT Media Law April 28, 2014 Comments Off on Big Fees Award in Copyright Arbitration for LA Times

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The Curious Case of Sherlock Holmes’ Copyright

The Curious Case of Sherlock Holmes’ Copyright

DWT Media Law December 29, 2013 Comments Off on The Curious Case of Sherlock Holmes’ Copyright

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HOPE, Don Henley, Abortion, and the Politics of Fair Use

HOPE, Don Henley, Abortion, and the Politics of Fair Use

DWT Media Law December 13, 2013 Comments Off on HOPE, Don Henley, Abortion, and the Politics of Fair Use

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Lawsuits for Allegedly Improper Takedown Notices Continue to Face Uphill Battle

Lawsuits for Allegedly Improper Takedown Notices Continue to Face Uphill Battle

DWT Media Law August 27, 2013 Comments Off on Lawsuits for Allegedly Improper Takedown Notices Continue to Face Uphill Battle

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2nd Circuit Affirms Denial of Preliminary Injunction in Internet Streaming Case

2nd Circuit Affirms Denial of Preliminary Injunction in Internet Streaming Case

DWT Media Law June 19, 2013 Comments Off on 2nd Circuit Affirms Denial of Preliminary Injunction in Internet Streaming Case

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The 2nd Circuit Weighs in on Transformativeness in the Visual Arts

The 2nd Circuit Weighs in on Transformativeness in the Visual Arts

DWT Media Law April 30, 2013 Comments Off on The 2nd Circuit Weighs in on Transformativeness in the Visual Arts

By Christopher J. Robinson A year after hearing oral argument, the 2nd Circuit has issued its much anticipated decision in Cariou v. Prince, 714 F.3d 694 (2nd Cir. 2013), on copyright fair use in the visual arts. As

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Commercial Distribution of News Content on the Internet by Media Monitoring Service Not a Fair Use

Commercial Distribution of News Content on the Internet by Media Monitoring Service Not a Fair Use

DWT Media Law April 17, 2013 Comments Off on Commercial Distribution of News Content on the Internet by Media Monitoring Service Not a Fair Use

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Holy Copyrightability Batman! The Batmobile Is A Superhero…

Holy Copyrightability Batman! The Batmobile Is A Superhero…

DWT Media Law April 9, 2013 Comments Off on Holy Copyrightability Batman! The Batmobile Is A Superhero…

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Can We Publish This Photo?

Can We Publish This Photo?

DWT Media Law November 22, 2012 Comments Off on Can We Publish This Photo?

Analyzing Fair Use When the Well-Known Subject of an Image Owns the Copyright

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When Journalists Tweet: Social Media Guidelines for News Organizations

When Journalists Tweet: Social Media Guidelines for News Organizations

DWT Media Law September 6, 2012 Comments Off on When Journalists Tweet: Social Media Guidelines for News Organizations

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7th Circuit Affirms Early Dismissal Based on Fair Use in “South Park” Parody Case

7th Circuit Affirms Early Dismissal Based on Fair Use in “South Park” Parody Case

DWT Media Law July 2, 2012 Comments Off on 7th Circuit Affirms Early Dismissal Based on Fair Use in “South Park” Parody Case

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Ninth Circuit Holds that DMCA Requires Specific Knowledge of Copyright Violation for Service Provider Liability

Ninth Circuit Holds that DMCA Requires Specific Knowledge of Copyright Violation for Service Provider Liability

DWT Media Law January 23, 2012 Comments Off on Ninth Circuit Holds that DMCA Requires Specific Knowledge of Copyright Violation for Service Provider Liability

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Penguin Group (USA) Inc. v. American Buddha:  New York’s Long Arm Statute Grows Longer for Internet Piracy

Penguin Group (USA) Inc. v. American Buddha: New York’s Long Arm Statute Grows Longer for Internet Piracy

DWT Media Law December 7, 2011 Comments Off on Penguin Group (USA) Inc. v. American Buddha: New York’s Long Arm Statute Grows Longer for Internet Piracy

By Elizabeth McNamara and Chris Robinson Earlier this year, the New York Court of Appeals issued an important decision which should help New York publishers combat online piracy of their copyrighted works and will

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DMCA Update: Copyright Office Proposes Changes to Agent Registration System

DMCA Update: Copyright Office Proposes Changes to Agent Registration System

DWT Media Law November 29, 2011 Comments Off on DMCA Update: Copyright Office Proposes Changes to Agent Registration System

Goal is to Qualify for Copyright Safe Harbor for User Generated Content By Adam Shoemaker, David D. Oxenford, and John D. Seiver On Sept. 28, 2011, the Federal Register published the Copyright Office’s Notice

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Copyright Office Begins New DMCA Exemption Rulemaking

Copyright Office Begins New DMCA Exemption Rulemaking

DWT Media Law October 31, 2011 Comments Off on Copyright Office Begins New DMCA Exemption Rulemaking

By David M. Silverman Among other things, the Digital Millennium Copyright Act (DMCA) prohibits circumvention of technological measures that control access to copyrighted works. However, the DMCA requires the Copyright Office to periodically provide

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Disaster or Disaster Averted?  The Second Circuit Limits the First Sale Doctrine

Disaster or Disaster Averted? The Second Circuit Limits the First Sale Doctrine

DWT Media Law September 19, 2011 Comments Off on Disaster or Disaster Averted? The Second Circuit Limits the First Sale Doctrine

By Christopher J. Robinson A recent Second Circuit decision has highlighted the difficult statutory interpretation and policy issues involved in the interplay between the first sale doctrine and restrictions on unauthorized imports into the

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The Future of the Hot News Misappropriation Tort After Barclays Capital Inc. v. TheFlyontheWall.com

The Future of the Hot News Misappropriation Tort After Barclays Capital Inc. v. TheFlyontheWall.com

DWT Media Law September 16, 2011 Comments Off on The Future of the Hot News Misappropriation Tort After Barclays Capital Inc. v. TheFlyontheWall.com

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Ninth Circuit Revives California Idea Submission Claims

Ninth Circuit Revives California Idea Submission Claims

DWT Media Law June 13, 2011 Comments Off on Ninth Circuit Revives California Idea Submission Claims

The reality is that producers do not assume that they have entered into a contract with every person that pitches an idea to them or sends them unsolicited material.

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Beware of Killer Apps: Platform Provider Liability for Third-Party Apps (and the Availability of Online Safe Harbors)

Beware of Killer Apps: Platform Provider Liability for Third-Party Apps (and the Availability of Online Safe Harbors)

DWT Media Law June 13, 2011 Comments Off on Beware of Killer Apps: Platform Provider Liability for Third-Party Apps (and the Availability of Online Safe Harbors)

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The Basics of Music Licensing in Digital Media: 2011 Update

The Basics of Music Licensing in Digital Media: 2011 Update

DWT Media Law June 10, 2011 Comments Off on The Basics of Music Licensing in Digital Media: 2011 Update

By David D. Oxenford and Robert J. Driscoll Businesses that are involved in digital media use music in many ways—and most require some sort of license to make the use legal. Whether the music

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