Mitchell Tuchman

Mitchell Tuchman

Womble Carlyle Sandridge & Rice, LLP

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Latest Publications


DMCA Loosening the Reins for Education

You may know the Digital Millennium Copyright Act (“DMCA”) from the widely deployed DMCA take-down notices that copyright owners use to remove putatively infringing content from the Internet. Enacted in 1998, the DMCA is...more

11/12/2015 - Copyright DMCA Exemptions Noninfringement Software

DMCA Take-Down Notice: Best Practices

Since 1998, when the Digital Millennium Copyright Act (the “DMCA”) was enacted, the DMCA take-down notice has achieved the status of a trusted weapon aimed by copyright owners directly at the unauthorized transmission of...more

10/13/2015 - Copyright Copyright Infringement DMCA Fair Use Good Faith Intellectual Property Protection Online Platforms Popular Takedown Notices The Copyright Act Young Lawyers

Rethinking Fair Use in the DMCA Context

On September 14, 2015, the Ninth Circuit Court of Appeals, ruling in Lenz v. Universal Music Group, 2015 U.S. App. LEXIS 16308 (“Lenz 2015”), affirmed the denial of the respective parties’ motions for summary judgment... In...more

9/22/2015 - Affirmative Defense Copyright Copyright Infringement Copyright Litigation DMCA Fair Use Good Faith Intellectual Property Protection Internet Service Providers (ISPs) Misrepresentation Safe Harbors Takedown Notices The Copyright Act Universal YouTube

Want to Register Your Database Copyright? Use Paper-Based Application…For Now

While data and other facts do not qualify for copyright protection, their aggregation into databases can be registered in the United States Copyright Office if the selection, coordination and arrangement of data is original...more

6/30/2015 - Copyright Copyright Office Filing Requirements

What Makes a Copy-Cat a Copy-Cat? The Complex Case of Architectural Copyright

When an eminent jurist asks, “What does a copyright of an architectural work truly protect?” you may be certain the question is not rhetorical. The U.S. Copyright Act does provide protection from infringement for...more

4/23/2014 - Architectural Copyrights Copyright Copyright Infringement The Copyright Act

Consumers 1, Publishers 0 in Recent Supreme Court Copyright Decision

Do you manufacture copyright-protected goods in the U.S. for distribution in the American market and abroad for distribution at lower cost elsewhere? The Supreme Court handed down a decision March 19 with the potential to...more

4/4/2013 - Copyright Exports First Sale Doctrine Imports Kirtsaeng v. John Wiley & Sons SCOTUS

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