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Three Things You Need to Know to Keep Your DMCA Safe Harbor Protection
ON Dec. 1, 2016, the U.S. Copyright Office’s final rule governing how online service providers must designate their “agent” for infringement notifications pursuant to the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c),
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Ninth Circuit Holds Website Can Lose DMCA Safe Harbor by Using Moderators
Earlier this month, the 9th Circuit Court of Appeals held that an online provider may become ineligible for the safe harbor provided by Section 512(c) of the Digital Millennium Copyright Act (DMCA) if its
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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
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
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
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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
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Summary Judgment for the Song of the Summer: The Court Takes a Hard Line Against Blurred Lines
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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
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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
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Can We Publish This Photo?
Analyzing Fair Use When the Well-Known Subject of an Image Owns the Copyright
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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
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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
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
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
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
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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)
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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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