In a landmark decision, the U.S. Supreme Court confirmed that “[t]he Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred.” See Warner...more
5/10/2024
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Music Industry ,
SCOTUS ,
Statute of Limitations ,
The Copyright Act ,
Warner Chappell Music v Nealy
In a recent social gathering, your friends took a number of photos and circulated it to the group. You see that one shot by a friend is a particularly great photo of you. You repost to your social media account to share with...more
As technology becomes increasingly advanced and complex, it seems that a new software emerges every day to perform some novel function. Whether it is computer generated imagery (CGI) or deciphering a code in a bible, software...more
It is unlikely that when Stephanie Lenz posted a home video of her children dancing to Prince’s “Let’s Go Crazy” on YouTube, she could have anticipated that, nearly a decade later, she would be seeking U.S. Supreme Court...more
In “The Case of Prince, a Dancing Baby and the DMCA Takedown Notice,” we discussed the potential impact of the Ninth Circuit decision in Lenz v. Universal Music Corp., 801 F.3d 1126 (2015), a.k.a. the “dancing baby case,” in...more
3/31/2016
/ Algorithms ,
Copyright ,
Copyright Infringement ,
Corporate Counsel ,
Digital Media ,
DMCA ,
Fair Use ,
Good Faith ,
Music Industry ,
Online Videos ,
Popular ,
Takedown Notices ,
Universal ,
YouTube
At its heart, social media’s purpose is sharing content; however, fair use can only take one so far. A recent case serves as yet another reminder to exercise caution when reposting content, and that, in a litigious society,...more
Hours. Days. Weeks. Months. When it comes to acting on copyright infringement takedown notices, just how fast is fast enough for social media platforms? Some recent (and not-so-recent) cases reveal how difficult the question...more
Last month, Google announced a groundbreaking policy that may help shift the balance of power between copyright claimants and those who upload YouTube videos that may be covered by fair use. According to Google’s Public...more
As user-generated content explodes over the Internet, intellectual property disputes over posting or uploading such content without the owner’s consent continue to escalate. As we touched on in a recent post, social media...more
11/5/2015
/ Copyright Infringement ,
Corporate Counsel ,
DMCA ,
Independent Contractors ,
Intellectual Property Protection ,
Internet ,
Internet Service Providers (ISPs) ,
News Stories ,
Online Platforms ,
Online Videos ,
Photographs ,
Popular ,
Safe Harbors ,
Social Media ,
Social Networks ,
Spam ,
Third-Party ,
Third-Party Liability ,
User-Generated Content ,
Websites ,
Young Lawyers
With live-streaming apps Periscope and Meerkat becoming increasingly popular, the introduction of a “live” element in the social media game is creating unique business and legal concerns. While most of the videos streamed on...more
10/15/2015
/ Cable Television Providers ,
Copyright Infringement ,
DMCA ,
HBO ,
Live Streaming ,
Popular ,
Privacy Concerns ,
Social Media ,
Social Networks ,
Takedown Notices ,
Television Programming ,
YouTube
Continuing the trend in recent years of injunctions becoming harder and harder to obtain, the Northern District of California denied a motion for a preliminary injunction where the defendant has allegedly copied the...more
You hire a web designer to create a website for your business. In the background, the designer uses stock photography to beautify the page. Stock photography comprises copyrighted images—often presented in searchable online...more
As social media platforms continue to find new ways to allow users to share, post, and forward nonoriginal content and users become more engaged in the practice, the platforms hosting the content and disgruntled original...more
8/20/2015
/ Copyright ,
Copyright Infringement ,
DMCA ,
Google ,
Inducement ,
Internet Service Providers (ISPs) ,
Photographs ,
Popular ,
Right of Reproduction ,
Safe Harbors ,
Social Media ,
The Copyright Act ,
Twitter ,
Young Lawyers ,
YouTube